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2013 (12) TMI 804 - AT - Central ExciseDenial of 50% of the credit taken in subsequent financial year - Revenue was of the view that the Packing machine was exclusively used in the manufacture of exempted goods – Held that:- The packing machine was received when the goods manufactured using the packing machine are liable to Central Excise duty and appellant availed 50% of credit - Spenta International Ltd. v. CCE, Thane [2007 (8) TMI 25 - CESTAT, MUMBAI] - the relevant date for deciding the liability is the date of receipt of the capital goods in the factory. The appellant are entitled for credit when the packing machine was received in the factory, therefore, it cannot be said that appellant are not entitled for credit in subsequent financial year when the capital goods were in possession of the appellant - There is no condition provided under Rule 4(2)(b) of the Cenvat Credit Rules that the credit of remaining 50% of duty paid on capital goods is to be availed in case the capital goods have been used in the manufacture of dutiable product – Decided in favour of Assessee.
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