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TMI Blog2015 (1) TMI 588X X X X Extracts X X X X X X X X Extracts X X X X ..... .C. (A.R) JUDGEMENT Per DR.D.M. MISRA This is an appeal filed against Order-in-Original No. 61/Commr./BOL/11/ dated-12/08/2011 passed by the Commissioner of Central Excise, Bolpur. 2. Briefly stated the facts of the case are that a show cause notice dated 14/2/2008 was issued to the appellant alleging that during the period from April, 2003 to November, 2007, they have irregularly availe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , as the case may be, read with Section 11AC of CEA, 1944; also recovery of interest at the appropriate rates, under Rule 12/14 of CENVAT Credit Rules 2002/2004 read with Section 11AC of CEA, 1944 has been confirmed. Hence, the present appeal. 4. At the outset, the Ld. Advocate for the applicant submitted that the demand has been confirmed solely on the ground that the moulds which the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the manufacture of finished excisable goods and in the manufacture of their final product, they availed CENVAT Credit, inter alia, on moulds as capital goods. On receipt of the said moulds in their factory, the appellant availed 50% of the eligible CENVAT Credit and put the same to use in their factory for further manufacture of finished excisable goods. The appellant, in the same financial yea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as such within the meaning of the said expression as laid down under Rule 4 (2) (a) of CENVAT Credit Rules, 2004. We find that the issue is squarely covered by the decisions of Larger Bench of this Tribunal in the case of Modernova Plastyles Pvt. Ltd. case (supra) which has been later upheld by the Hon'ble Bombay High Court vide its order dated 4th November, 2009.A somewhat similar view has also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... actory, would be eligible to the balance 50% of CENVAT credit available on such capital goods on its clearance from the factory in the same financial year. Consequently, we do not find merit in the order of the Ld. Commissioner(Appeal) and the same is set aside and the appeal filed by the appellant is allowed with consequential relief, if any, as per law. (Dictated and pronounced in the open cour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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