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2018 (3) TMI 184 - HC - Central ExciseCENVAT credit - inputs/capital goods - denial on the ground that the same have been used in the manufacture of final products which were wholly exempted from duty in terms of N/N. 115/75 - Held that: - the Commissioner has not recorded a finding of fact that the entire exercise was revenue neutral. No reasons have been assigned by the CESTAT for coming to the conclusion that entire exercise was revenue neutral - There is complete absence of findings of fact. There was a finding of fact that the exercise was revenue neutral. It was not a case where allegation of the suppression of material fact by the assessee was made. In the present case, a specific finding is recorded to that effect by the Commissioner. The said finding is not dealt with by the CESTAT. As the CESTAT which is the final fact finding authority has not done its duty, we have no option but to remand the matter for fresh consideration to CESTAT - matter on remand.
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