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2000 (9) TMI 386 - CEGAT, MUMBAIExtract: .......pital goods. But that however requires the department to establish that the machinery in question was in fact used in the factory s manufacture. There is no such allegation in the case before me. The appellant was therefore entitled to take credit of the duty paid on the inputs. 5. emsp I therefore allow the appeal and set aside the impugned order.
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