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2010 (2) TMI 500 - AT - Central ExciseCenvat/Modvat - Capital Goods - credit was denied in respect of Continuous Mixture and on Thermostat as capital goods. Held that - Continuous Mixture classifiable under heading 84.74 of CETA. As goods classified under Chapter 84 were specifically excluded from scope of capital goods by Rule, assessee was not entitled to credit of duty paid on them. Further held that for the purpose of Thermostat the matter was remanded back for reconsideration. Thus no penalty imposable.
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