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2015 (9) TMI 873 - AT - Central ExciseCapital goods - final product has become not liable to duty after availing the credit - Held that:- At the time of procurement of capital goods, the appellant was clearing their final product on payment of duty on the understanding that their final product is dutiable and activity undertaken by the appellant amounts to manufacture. Same understanding was of the department. The only problem arose after the decision of the Hon’ble Apex Court in the case of Aman Marble Industries (2003 (9) TMI 81 - SUPREME COURT OF INDIA) when Revenue has accepted the duty demand on the final product, the duty paid on final product shall amount to reversal of CENVAT Credit on capital goods. Moreover, when the final product has become not liable to duty in this circumstances whatever CENVAT Credit remain in their CENVAT Credit account shall not be any use of the appellant. Therefore, we hold that at the time of procurement of capital goods, the appellant has taken CENVAT Credit correctly. In these circumstances, impugned order is set aside - Decided in favour of assessee.
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