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2011 (1) TMI 491 - HC - Central ExciseCenvet credit - Capital goods used exclusively in the manufacture of exempted goods - Capital goods, in question, had been received during January, 2005 to March, 2005 and at that time the goods manufactured by using those capital goods- cotton yarn had been cleared by availing full duty exemption under notification No. 30/2004-C.E. However, from June, 2005 onward, the appellants started available benefit of notification No. 29/04-C.E. in respect of their clearance for export where there is optional rate of duty of 4% and there is no dispute about the fact that notification No. 29/04-C.E. and 30/04-C.E. were being available during the same period simultaneously. In view of this position, it cannot be said that the capital goods, in question, had been used exclusively for the manufacture of fully exempted finished products.- Decided in favour of assessee.
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