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2007 (11) TMI 297 - KARNATAKA HIGH COURTCenvat Credit - LDO used in Generator Set - Revenue contended that the Tribunal did not appreciate that LDO, which was supposed to be used only in respect of the generator belonging to the assessee, was not actually used by it. But the generator set was that of a different company. Therefore, there is a clear violation of the Cenvat credit and requests the Court to set aside the order - When two companies were amalgamated with the assessee company, all the assets and liabilities of the amalgamated company rests with the amalgamated company and the said generator was used by the assessee, no Court can hold that the assessee had availed credit of Cenvat wrongly - credit allowed.
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