2020 (1) TMI 487

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....this common order is being passed. 2. The dispute in the present case, relates to the period 2000-01 to 2003-04 and the issue involved is admissibility of balance 50% Cenvat credit on capital goods, in terms of Rule 57 AC (2) of the erstwhile Central Excise Rules, 1944 read with Rule 4 of the Cenvat Credit Rules, 2002. As per the said statutory provisions, credit upto 50% can be availed by the assessee, during the same financial year, when the capital goods were received in the factory and the balance credit can be availed during the subsequent financial year(s), provided the capital goods were in the possession and use by the assessee. 3. In the case in hand, the appellant had availed the first instalment of 50% of credit on the same....

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....he opinion that the matter is required to be reheard by the Tribunal. Accordingly, we are not expressing any opinion on the merits of the case and only on the ground that the matter was not heard on that date, we are setting aside the impugned order and remitting the matter back to the Tribunal to hear the matter afresh and pass order following principles of natural justice. The impugned order dated 20.05.2009 is, therefore, quashed only for want of fixation of a date for hearing the matter on merits. It will be open for the Tribunal to reiterate its own view after examining the fact and law." 6. Pursuant to the aforesaid order dated 30.01.2019 passed by the Hon'ble High Court, the appeals were posted for hearing on 07.08.2019 before the....

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....T. 666 (Pat)]. 9. We have perused the impugned orders passed by the learned Commissioner and also examined the submissions made by the learned Counsel appearing for the appellant. 10. The learned adjudicating authority in his findings has recorded that the installation certificates have been issued in different stages, after completion of the installation process. The credit availed by the appellant was disallowed, since the same was availed before the capital goods were put to actual use. The CBEC Circular No.267/26/2006-CX. dated 28.06.2006 was referred to in the adjudication order. The said circular clarifies that during the period from 01.04.2000 to 09.09.2004, the balance 50% Cenvat credit cannot be allowed in the subsequent year....