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Oswal Woollen Mills Ltd. Unit-IV Versus CCE, Ludhiana

2016 (11) TMI 825 - CESTAT CHANDIGARH

CENVAT credit on capital goods - whether the ground that the appellant has not made any clearance by availing benefit of Notification No. 29/04, therefore, the appellant is not entitled to avail cenvat credit on capital goods or parts justified? - the decision in the case of Surya Roshni Ltd. [(155) ELT 481] referred - Held that: - I find that the appellant has availed cenvat credit on capital goods/parts, during the period March, 2005 to September, 2005 and not effected any clearance by availin .....

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benefit of notification 29/2004 as well as notification 30/2004. In that circumstance, I hold that the appellant has correctly availed the cenvat credit on capital goods/parts, during the impugned period - CENVAT credit allowed -appeal allowed - decided in favor of appellant. - Appeal No. E/2881/2007-(SM) - FINAL ORDER NO. 61545/2016 - Dated:- 21-10-2016 - Mr. Ashok Jindal, Member (Judicial) Sh. Abhinav kansal, Advocate- for the appellant Sh. V. Gupta, AR -for the respondent Per Ashok Jindal: Th .....

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ation 30/2004 without availing cenvat credit on inputs and clearing the goods without payment of duty. During the period March, 2005 to September, 2005, the appellant procured certain capital goods/parts thereof and availed the cenvat credit. The case of the Revenue is that as during the said period, the appellant has not made any clearance by availing benefit of Notification No. 29/04, therefore, the appellant is not entitled to avail cenvat credit on capital goods or parts. In these set of fac .....

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redit has allowed to the appellant, therefore, the impugned is to be set aside. 4. On the other hand, the Ld. AR opposed the contention of the Id. Counsel and submits that as the said notification came into force on 09/07/2004, but 10/07/2004, the appellant themselves have reversed cenvat credit contain in inputs, work in progress and availed benefit of notification no. 30/2004. Admittedly, during the impugned period, the appellant has not made any clearance by availing the benefit of notificati .....

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