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2013 (3) TMI 362 - HC - Central ExciseCenvat Credit on Capital goods - Rule 4(2)(b) - Balance 50% of credit - According to the Revenue, the assessee was not entitled to avail of the balance fifty per cent credit during the year 2002-03 since the capital goods were still at the stage of erection and had not actually been put to use. - Held that:- The assessee was entitled to avail of the balance fifty per cent credit during the year 2002-03 as the capital goods were lying in the factory for installation and the process of erection was being carried out. The requirement that the goods were in the possession and use of the manufacturer in the year in which the balance of credit was availed of has been fulfilled and the issue of limitation therefore is also of no practical relevance. The Appeal is accordingly dismissed. There shall be no order as to costs.
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