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2017 (1) TMI 149 - CESTAT NEW DELHI

2017 (1) TMI 149 - CESTAT NEW DELHI - TMI - CENVAT credit - MS angle, flat etc - The assessee availed cenvat credit items which are similar to the final products manufactured by them - Held that: - It is a fact that the entire cenvat credit availed by the assessee already stands reversed at the time of clearance of the goods as such. In such Revenue neutral scenario, we find no reason to interfere with the impugned order - credit allowed - appeal rejected - decided against Revenue. - Central Exc .....

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hannels, MS flat etc. They availed cenvat credit on input and capital goods under the provisions of Cenvat Credit Rules. The dispute is regarding the cenvat credit as availed by the assessee on certain goods such as MS angle, flat etc. After availing cenvat credit, thee goods were cleared as such on payment of duty. The Revenue took the view that cenvat credit is not admissible on such goods inasmuch as the assessee is already engaged in the manufacture of similar products. Accordingly, the show .....

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s. The assessee availed cenvat credit on various items such as MS angles, channels, flats, etc. which are similar to the final products manufactured by them. Revenue is of the view that the same products which are in the nature of final product cannot be considered as input and hence the cenvat credit becomes inadmissible on receipt of such goods. However, it is not disputed that such goods have been cleared as such from the factory and at the time of such clearance, the cenvat credit availed ha .....

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