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2010 (7) TMI 506 - HC - Central ExciseCENVAT credit on Capital goods - Rule 4(2)(a) and (b) of CENVAT Rules 2001 - 50% or 100% credit - Whether the Hon'ble CESTAT has committed an error of law in holding that the provision prevailent after 01.03.2002 and prior to 01.04.2000 would be deemed to be in operation during the period when Rule 4(2)(a) and (b) of CENVAT Rules 2001 was in force by relying upon Section 21 and 24 of the General Causes Act 1897 - Refer to the decision of the Hon'ble Supreme Court in the case of KOLHAPUR CANESUGAR WORKS LTD VS UNION OF INDIA, held that the order of the Tribunal, which is, directly in conflict with Rule 4(2) of the Cenvat credit Rule cannot therefore, be sustained - The question of law, therefore, is answered in favour of the appellant.
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