TMI Blog2013 (10) TMI 328X X X X Extracts X X X X X X X X Extracts X X X X ..... MI 25 - CESTAT, MUMBAI ] - CENVAT credit eligibility is to be determined with reference to the dutiability of the final product on the date of receipt of capital goods - Both sides have not brought to our notice any contrary view expressed by any higher forum. The first appellate authority has also imposed penalties on the appellant - since the issue involved in this case was referred to Larger ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d against Order-in-Appeal No. 4 5/2010 dated 24.12.2010. Since the issue involved in these two cases pertains to the very same assessee and also on a similar set of facts, they are being disposed of by common order. 2. As the issue lies in narrow compass, we take up the appeals itself for final disposal after dispensing with pre-deposit. 3. The relevant facts that arise for consideration are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... apital goods. 4. Learned counsel appearing on behalf of the appellant would submit that during the period 1999-2002, appellant had received the capital goods on which Central Excise duty was paid. It is his submission that the appellant had utilized these capital goods for manufacturing final products which became dutiable from March 2003. It is his submission that as per CBEC circular No.345/2/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng duty on the final products from April 2003. 6.1 In the light of the above factual matrix, we find that the appeals filed by the appellant have no merits on the face of the ratio laid down by the Larger Bench in Spenta International Ltd. (supra) wherein the Larger Bench has held in the light of the above discussion, we answer the reference by holding that CENVAT credit eligibility is to be det ..... X X X X Extracts X X X X X X X X Extracts X X X X
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