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2018 (10) TMI 390 - AT - Central ExciseCENVAT Credit - Time Limitation - welding electrodes, bars & rods, chemicals which were mainly used in further fabrication of capital goods in the factory of production - period April, 2004 to October, 2004. Held that:- Larger Bench of the Tribunal in Spenta International vs. CCE [2007 (8) TMI 25 - CESTAT, MUMBAI] whereby this Tribunal held that the relevant date for deciding the credit eligibility, is the date of receipt of capital goods, and not the date of utilisation. Rule 6(4) of Cenvat Credit Rules do not permit cenvat credit on capital goods used exclusively in manufacture of exempted goods. It was held that credit eligibility is to be determined with respect to dutiability of the final product on the date of receipt of capital goods. The show cause notice is bad for invocation of extended period of limitation, suppression of facts etc. - Appeal allowed - decided in favor of appellant.
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