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2012 (10) TMI 548 - AT - Central ExciseDemand of excess credit availed on capital goods along with interest and penalty – alleged that assessee took 100% of Cenvat credit in the first financial year – Held that:- As per the provision of Rule 4(2)(b) of the CCR, 2004 and assessee is entitled to 100% of Cenvat credit in the year in which the capital goods, which are under heading 6804 of the First Schedule of the Excise Tariff Act - appellant has taken Cenvat credit only on those goods which are falling under heading 6804 of the First Schedule of the Excise Tariff Act. Therefore the appellants are entitled for 100% of the Cenvat credit as per the provision of Rule 4(2)(b) of the Cenvat Credit Rules, 2004 - order is set aside, appeal is allowed
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