2025 (3) TMI 623

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....ara Rao, Member ( Technical ) Shri M. S. Nagaraja, Advocate for the Appellant Shri Rajesh Shastry, Authorised Representative for the Respondent ORDER Per: P. A. Augustian The issue in the present appeal is whether the Appellant had availed ineligible CENVAT credit, while transferring the capital goods which are cleared as such in the same financial year. 2. The brief facts are th....

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....led before Commissioner (Appeals) and Commissioner (Appeals) also rejected the appeal. Aggrieved by said order, present appeal is filed before the Tribunal. 3. When the appeal came up for hearing, the Ld. Counsel for the Appellant draws our attention to the provisions of Section 4(2)(a) which is extracted below: "Rule 4 (2) (a) - The CENVAT credit in respect of capital goods received i....

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....rom the above said provision, it is clear that if the capital goods are removed as such in the same financial year, CENVAT credit in respect of capital goods shall be allowed for the whole amount of the duty paid on capital goods. Thus, the Appellant complied with the first proviso of Rule 4(2)(a) of CENVAT Credit Rules, 2004 and is eligible for the CENVAT credit availed by them. The Ld. Counsel a....

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.....2009. 6. The Ld. Authorised Representative (AR) reiterated the submission in the impugned order and submits that since they have removed the goods, the Adjudication authority rightly confirmed the demand and imposed penalty. 7. Heard both sides and perused the records. 8. We have gone through the relevant provision of law and the decisions relied by the Appellant. As per Rule 4(2)(a) of ....