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2013 (4) TMI 205 - HC - Central ExciseWrong availment of Cenvat Credit - Availing Modvat credit of duty paid on capital goods as required under Rule 57-T(1), declaring that the said goods shall not be used for manufacture of excisable goods which is either exempted from payable of duty by notification or chargeable to nil rate of duty. - Held that:- The Commissioner (Appeals) had clearly held that the appellant's unit had been taken over by the ACGL which are manufacturing dutiable final products and the MODVAT credit on the capital goods in question was legally available to them in terms of Rule 57S(5) of the Central Excise Rules, 1944. This finding of fact was confirmed by the CESTAT. The contention of the Revenue that the credit of capital goods was inadmissible and no benefit could be given to M/s. ACGL under Rule 57S(5) was in terms rejected by both the authorities - The finding of the Assistant Commissioner that the said two units were separate, which finding was arrived at after interpreting the agreement between the parties, was not accepted and the said finding was in terms set aside. The appellant, therefore, had no right to challenge the concurrent finding of facts in this appeal - No case is made out for interference with the judgments and orders passed by both the Authorities - The appeal is dismissed in favour of Assessee.
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