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2015 (10) TMI 1684 - AT - Central ExciseRefund claim - Reversal of CENVAT Credit - Exemption from duty in terms of Notification No.6/2002 - Capital goods - Held that:- In terms of the provisions of Rule 6(4) of CENVAT Credit Rules, 2002, no CENVAT credit is available on capital goods which are used exclusively in the manufacture of exempted goods. The issue of availability of credit is to be decided at the time of receipt of the capital goods. As such the issue to be decided is as to whether the capital goods, which were received by the appellant, when their final product was exempt, would be eligible for the purpose of CENVAT credit or not. - appellant had not even switched to manufacture of some dutiable products. It is only by operation of law that the exempt products become subsequently dutiable. Inasmuch as the availability of credit of duty paid on the capital goods is required to be judged at the time of receipt of the capital goods, subsequent becoming of goods as dutiable on account of withdrawal of exemption would not advance the appellant's case of claim after such change in law. The appellant having used the capital goods for a period of more than four years for manufacture of exempted final products are admittedly not entitled to the CENVAT Credit of duty paid on such capital goods. As such, I find no reasons to interfere in the impugned orders of the lower authorities. - Decided against assessee.
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