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2016 (1) TMI 922 - CESTAT CHENNAIAdmissibility of capital goods credit - parts used by the appellant in the capital goods of plant and machinery which in turn are used in the manufacture of excisable goods, cement and clinker and inputs used in manufacture of final product - Held that:- We find that the Hon'ble Supreme Court in the case of CCE Coimbatore Vs Jawahar Mills Ltd. (2001 (7) TMI 118 - SUPREME COURT OF INDIA) has settled the issue of credit availed on various parts used in the plant and machinery as capital goods and under erstwhile rule 57Q. In respect of input 'Aquachem', this Tribunal in the case of India Cements Vs CCE Trichy [2010 (1) TMI 394 - CESTAT, CHENNAI] has already allowed input credit. By respectfully following the apex court's decision (supra) and the Tribunal's decision (supra), we hold that appellants are eligible for credit on items used in the plant and machinery for manufacture of cement and clinkers under rule 57Q (1) of the CER 1994. Accordingly, we set aside the impugned order to the extent of denial of credit and the consequential demand of recovery. Impugned order is set aside and the appeal is allowed. - Decided in favour of assessee.
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