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2015 (1) TMI 446 - CESTAT NEW DELHICENVAT Credit - Utilisation of Cenvat Credit post SSI Exemption as availed during SSI exempiton - Cenvat Credit on Capital goods and input services - Whether appellants can utilize the said service tax credit availed much prior to February, 2010 for payment of excise duty after the said date. - Held that:- Service tax credit availed by the appellants at the time when they were falling within SSI exemption limit and were not paying any excise duty, is not available to them for payment of excise duty. The said service tax credit was availed as an input credit for the services being provided by them and as such was available for utilization towards service tax payable on the output services. Credit on capital goods - Held that:- part of the credit also belonged to the credit of duty paid on the capital goods. The credit on capital goods is not to be allowed only when such capital goods are used exclusively in the manufacture of the exempted final product. In the present case, the appellant s final product was not unconditionally exempted. Such exemption was based upon the value of clearances. As such, the capital goods which would be used for manufacture of the final product, all exhausting of the exemption limit, would become entitled to the credit in terms of the provision of Cenvat credit Rules. - Matter remanded back - Decided in favour of assessee.
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