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2019 (4) TMI 164 - AT - Central ExciseCENVAT Credit - closure of business - clearance of capital goods - Rule 3(5A) of Cenvat Credit Rules, 2004 - Held that:- The facts of the case are not in dispute that the appellant has taken over the unit on as is where is basis with the capital goods in question in 2001 and no Cenvat credit was taken at that time, as appellant has not taken cenvat credit on the capital goods, therefore, provision of Rule 3(5A) of Cenvat credit Rules, 2004 are not applicable to the facts of this case. The demand under Rule 3(5A) Cenvat credit Rules, 2004 is not sustainable against the appellant - appeal allowed - decided in favor of appellant.
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