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M/s. Ankit Roofings Pvt. Ltd. Versus The Commissioner Central Excise & Customs

2016 (8) TMI 937 - CESTAT NEW DELHI

CENVAT credit - capital goods and services received by them during the period 01/04/2005 to 28th of February 2006, during which period their final products were exempted from payment of Central excise duty - Held that:- there is no doubt that at the .....

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anced by the appellant is that the credit has been taken in the same financial year in which their final products became dutiable. We find that this is not a valid reason to permit such credits. - Decided against the appellant - Excise Appeal No. 122 .....

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is appeal is directed against the order passed by Commissioner (Appeals) dated 11.03.2008. The appellant is a manufacturer of asbestos cement sheets falling under chapter 68 of the Central Excise Tariff. These goods were chargeable to nil rate of dut .....

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capital goods and services received by them during the period 01/04/2005 to 28th of February 2006, during which period their final products were exempted from payment of Central excise duty. The original authority, vide his order dated 05.11.2007 con .....

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this Tribunal in Appeal. 2. We have heard Smt. Priyanka Goel, the Ld. advocate for the appellant. The main ground canvassed by the appellants is that their final product became dutiable during the financial year 2005 2006 and the capital goods have b .....

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ovides as follows: No Cenvat credit shall be allowed on capital goods which are used exclusively in the manufacture of exempted goods or in providing exempted services, other than the final products which are exempt from the whole of the duty of exci .....

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chargeable to nil rate of duty and therefore these capital goods fall within the purview of sub rule 4 of rule 6 and hence not entitled to Cenvat credit. The only argument advanced by the appellant is that the credit has been taken in the same finan .....

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