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2018 (9) TMI 817 - CESTAT HYDERABADCENVAT Credit - Capital goods/inputs/input services - period March, 2006 to September, 2008 - denial of credit on the ground that they were availing benefit of N/N. 30/2004-CE - Extended period of Limitation - Held that:- The lower authorities in the impugned order have accepted the fact that the CENVAT credit availed on inputs and input services by the appellant during the period in question has been reversed. To that extent, the appellant had followed the N/N. 30/2004-CE. Capital goods - Held that:- Appellant had during the period in question, initially for two years manufactured goods i.e., Knitted Cotton Fabrics and cleared the same by availing the exemption under Notification No. 30/2004 - on an identical set of facts in the case of Commissioner of Central Excise, Chandigarh Vs. S.T. Cottex Exports Pvt. Ltd., [2011 (1) TMI 491 - PUNJAB & HARYANA HIGH COURT] it was held in favour of assessee, holding that In the case in hand, also, the appellant had specifically informed the Range Superintendent on 18.11.2006 that they would be discharging duty liability on the finished goods i.e., Cotton Knitted Fabrics under Notification No. 29/2004 and also claiming exemption under Notification No. 30/2004 which would in turn mean that they had informed the authorities they intended to use the machines on which CENVAT credit on capital goods were availed for manufacturing of dutiable goods as well as exempted goods - credit remains allowed following the decision of S.T. Cottex Exports Pvt. Ltd. - penalty also set aside. Appeal allowed - decided in favor of appellant.
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