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2011 (3) TMI 758 - AT - Central ExciseCenvat Credit on Capital Goods - Lapse or not - Surrender of central excise registration - Notification No. 47/2000 dated 1st September 2000 - Rule 15AC(2)(a) (sic) provides that the Cenvat credit in respect of capital goods received in a factory at any point of time in a given financial year shall be taken only for an amount not exceeding fifty per cent of the duty paid on such capital goods in the same financial year - Since the credit in question was earned in relation to the duty paid on the capital goods and there being no provision in the excise law and rules made thereunder for lapsing of such credit merely on the ground of surrender of registration certificate or on the ground of availing the exemption benefit under a notification granting such exemption based on value or quantity of clearances - Decided in favour of the assessee
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