2006 (9) TMI 413

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..... - After examining the records and hearing both sides, I find that the appeal itself can be disposed of finally at this stage. Accordingly, after dispensing with pre-deposit, I proceed to deal with the appeal. 2. The lower authorities denied capital goods credit of Rs. 2,80,275 to the appellants under Rule 12 of the Cenvat Credit Rules, 2002 on the ground that the party had simultaneously a .....

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..... ome-tax assessment order and pass fresh order on the Cenvat credit issue. Therefore, the orders of the lower authorities are set aside and the case is remanded to the original authority for fresh decision in accordance with law. It goes without saying that the authority shall take into account the assessment order dated 6-9-06 of the Asst. Commissioner of Income -tax Circle-I, Virudhunagar and giv .....

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