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2017 (2) TMI 1260

Head Note / Extract:
CENVAT credit - capital goods - Merely because the invoices were not available after a period of three to four years, cannot be adopted as a ground for denial of credit but when the same original invoices were available at the time of availing credit - extended period of limitation - Held that: - The purpose of allowing the credit of duty paid on the capital goods is to reduce the duty burden on the final product and the cascading effect. Admittedly, when the appellant originally took the credit, all the entries were made in their statutory records and all the returns were also filed with their jurisdictional Central Excise authorities and were attached and all particulars are reflected in ER1 return. In such a scenario, to reject the refund claim for non-production of invoices after a period of 3 to 4 years, is neither justifiable nor warranted - matter needs to be remanded for verification of said invoices - appeal allowed by way of remand.


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