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2021 (1) TMI 927 - HC - Central ExciseValidity of order passed by the Tribunal - Whether the order of the Tribunal is vitiated inasmuch as it fails to take into account relevant aspects viz. a. mode of annexation b. object of annexation c. beneficial enjoyment and thus stands vitiated? - Whether the first respondent ought to have allowed credit under the Capital Goods Scheme if not under the Inputs Scheme? HELD THAT:- In the light of the recent decision of the Hon'ble Division Bench of this Court in the case of M/S. INDIA CEMENTS LTD. VERSUS THE CUSTOM, EXCISE AND SERVICE TAX & THE COMMISSIONER OF CENTRAL EXCISE, [2015 (3) TMI 661 - MADRAS HIGH COURT] wherein an identical question was considered and the only difference being that the case arose under the CENVAT Credit Rules, which subsequently stood substituted by the MODVAT Rules. The substantial questions of law are answered in favour of the appellant/assessee.
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