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COMMISSIONER OF CENTRAL EXCISE, TIRUCHIRAPALLI Versus M/s. HARIHAR ALLOY CASTINGS (P) LTD.

2015 (10) TMI 887 - CESTAT CHENNAI

Denial of CENVAT Credit - whether appellant is eligible to the Cenvat credit on the inputs claimed to have been used in the manufacture of capital goods, construction of the plant as well as installation of machinery etc. - Held that:- Since the appe .....

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lant is directed to make an application to the Adjudication authority within a month of receipt of this order to fix the hearing for readjudication afresh on the issues involved as emerged from the show-cause notice. - Matter remanded back - Appeal d .....

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e involved in this appeal is whether appellant is eligible to the Cenvat credit on the inputs claimed to have been used in the manufacture of capital goods, construction of the plant as well as installation of machinery etc. 2. From the time of passi .....

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s also, which were claimed by the appellant subject to use in manufacture of capital goods or claimed as Cenvat credit that deserves hearing afresh following the ratio laid down in the following cases:- (i) Commissioner of CentraL Excise, Jaipur Vs R .....

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Cements Ltd. reported in 2014 (305) E.L.T.558 (Mad.). (iv) Mundra Ports and Special Economic Zone Ltd. Vs Commissioner of Central Excise & Customs reported in 2015-TIOL-1288-HC-AHM-ST. (v) Sarawati Sugar Mills Vs Commissioner of Central Excise, .....

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319) E.L.T. 247 (S.C.). (viii) India Cements Ltd. Vs CESTAT, Chennai reported in 2015 (321) E.L.T. 209 (Mad.). (ix) M/s. Empee Sugars and Chemicals Ltd. Vs Commissioner of Central Excise, Tirunelveli vide Final Order No.41121-40122/2015, dated 06.02. .....

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