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2017 (4) TMI 754 - AT - Service TaxCENVAT credit - case of Revenue is that credit pertain to 'exercise equipment', which being classifiable under chapter 95 of the Schedule to the CETA, 1985, is not capital goods within the meaning of rule 2 (a) of CCR, 2004 and hence not allowable - Held that: - 'exercise equipment' is, indeed, utilised as input for rendering taxable service and that the duty paid on this equipment is permissible as CENVAT credit, irrespective of whether it was initially claimed as 'capital goods.' Accordingly, the credit has been taken in accordance with the law and cannot, therefore, be denied as sought by Revenue. There is thus no justification for disallowing this credit and for restoration of penalty as proposed in the grounds of appeal - appeal dismissed - decided against Revenue.
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