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2023 (12) TMI 43 - HC - Central ExciseWrongful availment of MODVAT/CENVAT Credit on the capital goods - case of the appellant/Revenue is that on the basis of report from the intelligence, on scrutiny of the premises of the assessee, irregularity in availing the MODVAT credit on capital goods was detected - HELD THAT:- Given the fact that the appeal of the appellant/Revenue was primarily touching upon the applicability of the Notification No.214 of 1986 and also use of the term “capital goods as such” mentioned in Rule 57AB of the Central Excise Rules, 1944, it is opined that the judicial precedents referred to in the preceding paragraphs dealing with if not identical in almost similar circumstances lays to rest the question of law being agitated by the Revenue in this case. There are no substantial merits in the grounds raised by the Revenue in this case and the appeal thus fails and stands decided affirming the order passed by the Tribunal and the same stands decided in favour of the respondent/assessee - questions of law on which the appeal was admitted, stands answered against the appellant/Revenue and in favour of the respondent/assessee. Appeal dismissed.
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