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2013 (10) TMI 1319 - AT - Central ExciseBenefit of Notification Nos. 29/2004 and 30/2004 - Denial of CENVAT Credit - Held that:- Entire show cause notice asking the appellant to reverse the Cenvat credit proportionate to the value of the goods cleared by claiming benefit under notification 29/2004 is misdirected, inasmuch as, it is on records that the appellant has availed the Cenvat credit of all the items of capital goods. It is also on record that appellant has taken credit of 50% of the Central Excise duty in the first year and balance 50% in the second year. We find that the Cenvat credit availed by the appellant on the said capital goods or the consumables which are used in the capital goods, are eligible. The entire case of the Revenue is totally on the wrong footings, inasmuch as the capital goods which were put to use by the appellant were for the manufacturing of the same product which are eligible for exemption as well as for discharge of duty liability under Notification No. 29/2004 and 30/2004. - Decided in favour of assessee.
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