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2006 (5) TMI 510 - AT - Central ExciseExtract: .......eferred supra would also apply to the facts of the case. Without the Capital Goods, inputs could have come to the appellant's factory. Therefore, the assessee is eligible for the benefit of modvat credit. The impugned order is set aside and the appeals are allowed with consequential relief, if any. Penalty is set aside in appeal No. E/409/2005.
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