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2010 (6) TMI 659 - CESTAT, NEW DELHICenvat credit - capital goods were installed and were being used for manufacture of excisable goods – subsequently final products manufactured by them namely, polyester and acrylic yarn got exempted - respondent thereafter sold the machinery on which they had taken the above credit on 1-10-2004 - Show cause notice dated 18-12-2006 was issued alleging that the party failed to reverse the credit taken by them on the capital goods – Held that:- Goods removed after use cannot be treated as cleared “as such” - demand is time barred - appeal by the Department is rejected.
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