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2018 (5) TMI 657 - AT - Central ExciseCENVAT credit - the capital goods which were received before 10.09.2004 on the invoices prior to that date - interpretation of statute - Held that: - there is no dispute as to the fact that the capital goods on which Central Excise duty was paid were received by the appellant prior to 10.09.2004, undisputedly used/installed in the factory premises for manufacture of dutiable excise goods credit was availed in 2007 and 2008. In the case of Coromandel Fertilizers Ltd., [2008 (8) TMI 333 - CESTAT, BANGALORE] the Tribunal held for interpretation of the rule which states that credit may be taken immediately, the same cannot be interpreted in a manner to destroy the right created for an availment of CENVAT credit. Credit allowed - appeal dismissed - decided against Revenue.
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