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2019 (5) TMI 585 - AT - Central ExciseCENVAT Credit - Debonding of unit - Credit on the duty paid on capital goods received under Notification No. 22/2003-CE dated 31.03.2003 and Notification No. 52/2003-Cus. dated 31.03.2003 at the time of de-bonding allowed or not - HELD THAT:- Board has issued Circular No. 185/19/96/CX dated 19.03.1996 wherein it was clarified that the assessee would be eligible for availing credit on the CVD paid at the time of de-bonding on the capital goods which are imported. The Tribunal in the case of COMMISSIONER OF C. EX., PUNE VERSUS RAJDHANI FAB. PVT. LTD. [2007 (10) TMI 102 - CESTAT, MUMBAI] had occasion to analyze the issue of the credit availed on Excise Duty paid on indigenous capital goods before the amendment was brought forth to Rule 3(1) by adding the proviso. In the said decision, the Tribunal had held that the Board Circular clarifies with regard to the eligibility of credit on the CVD paid on imported capital goods. Thus, the credit availed for the balance 50% in the subsequent period is in order - appeal allowed - decided in favor of appellant.
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