TMI Blog2016 (9) TMI 532X X X X Extracts X X X X X X X X Extracts X X X X ..... ring the course of adjudication itself the appellant submitted attested copy of the certificate dated 22.9.2008 issued by the jurisdictional Deputy Commissioner wherein the use of capital goods so imported has been satisfied. We find that there is no justification in denying the credit to the appellant for the reason quoted by the lower authorities. The capital goods have suffered duty, have been used in the appellant's premises and have been duly installed and used by the appellant. Regarding import document bearing name of M/s.Nahar Export Ltd., we find that the appellant's name did figure in many documents alongwith M/s.Nahar Export Ltd., who is proprietor of the appellant. Even in respect of the document where the appellant's name f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The brief facts of the case relevant to the present appeal are that the appellants are engaged in the manufacture of cotton yarn, acrylic yarn and polyester yarn liable to Central Excise duty. They were availing cenvat credit on various inpouts and capital goods. They had imported various capital goods against the Target Plus Scheme and whole of the duty payable on such import was debited from the Duty Credit Certificate issued under Notification No. 32/2005-Cus dated 8.4.2005, They have availed cenvat credit of ₹ 33,76,043/- on such import. The Revenue entertained a view that in terms of said Customs Notification, the appellant has to furnish a installation certificate from the jurisdictional Central Excise authority and in the absen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as been satisfied. We find that there is no justification in denying the credit to the appellant for the reason quoted by the lower authorities. The capital goods have suffered duty, have been used in the appellant's premises and have been duly installed and used by the appellant. Regarding import document bearing name of M/s.Nahar Export Ltd., we find that the appellant's name did figure in many documents alongwith M/s.Nahar Export Ltd., who is proprietor of the appellant . Even in respect of the document where the appellant's name figuring, it is settled position of law that as long as the capital goods have used, the duty payment has been satisfied and are to be put to intended use, the credit on the same cannot be denied. We ..... X X X X Extracts X X X X X X X X Extracts X X X X
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