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2015 (10) TMI 1119 - AT - Central ExciseDenial of CENVAT Credit - Credit on CVD - Capital goods - held that:- The appellant took Cenvat credit on CVD paid on these capital goods. Some part of the capital goods was found to be defective and same was re-exported for repairs. The appellant reversed the Cenvat credit attributable to the parts exported for repairs. After repairs the capital goods received back by the appellant after CVD paid on the value addition done on account of repairs. The appellant took the Cenvat credit on CVD paid on value addition plus Cenvat credit reversed at the time of export. From the above facts it is clear that when the goods were sent for repairs by the appellant they have reversed the credit. Therefore, appellant are entitled to take Cenvat credit on receipt of the capital goods after repairs. In these circumstances, I hold that appellant is entitled to take Cenvat credit and Cenvat credit denied by the lower authorities is totally incorrect. - Decided in favour of assessee.
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