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2016 (8) TMI 1020 - CESTAT NEW DELHI

2016 (8) TMI 1020 - CESTAT NEW DELHI - TMI - Eligibility - credit on capital goods and area based exemption notification no. 50/2003-CE dated 10.06.2003 - manufacture of sugar and molasses - undertaken substantial expansion of their existing capacity in 2005 - availed Cenvat Credit from 21.04.2006 to 06.07.2005 - on 15.11.2005 onwards started availing exemption under notification 50/2003-CE - Held that:- no legal basis found in such assertion of Revenue that when the respondent is aware that the .....

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le Supreme Court in the case of CCE Vs. Dai Ichi Karkara Ltd. [1999 (8) TMI 920 - SUPREME COURT OF INDIA], Tribunalís decision in the case of Hindustan Coca Cola Beverages (P) Ltd. Vs. CCE [2005 (7) TMI 387 - CESTAT, MUMBAI] and Kerala High Courtís order in the case of CCE Vs. Premier Tyres [2001 (2) TMI 137 - HIGH COURT OF KERALA AT ERNAKULAM], and as there is no valid legal ground in the present appeal for denying the credit on capital goods, no merit found in appeal filed by Revenue. - Decide .....

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ve undertaken substantial expansion of their existing capacity. The respondents were located in Uttarakhand and eligible for area based exemption notification no. 50/2003-CE dated 10.06.2003. On receipt of the various capital goods they have availed Cenvat Credit from 21.04.2006 to 06.07.2005. On 15.11.2005 onwards they have started availing exemption under notification 50/2003-CE. Proceedings were initiated against them to demand and recover cenvat credit availed on capital goods amounting to & .....

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y chosen to delay the availment of exemption notification in order to avail credit on various capital goods. As such credit denied on capital goods is legal and proper. 4. None appeared on behalf of the respondent. 5. We have perused the appeal records and heard the Ld. AR. 6. The fact that various capital goods were received by the respondent and were otherwise eligible for credit has not been disputed. The case of the Revenue is that when the respondent is aware that they are going to claim fu .....

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