TMI Blog2015 (6) TMI 1105X X X X Extracts X X X X X X X X Extracts X X X X ..... ty is date of procurement of capital goods. Admittedly, on the date when capital goods were procured their final product was dutiable - As on the date on which the capital goods were procured, the final product was dutiable, therefore,the appellant has correctly taken the Cenvat credit on capital goods and they are not required to reverse the same - appeal allowed - decided in favor of appellant. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... they are not entitled to take Cenvat credit. 3. In these set of facts, proceedings were initiated against the appellant. Cenvat credit on capital goods was denied consequently duty is demanded along with interest and penalty are also proposed. Aggrieved from the said order, appellant is before me. 4. Learned Counsel for the appellant submits that when the appellant procured capital goods dur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... everages Ltd. v. CCE, Ahmadabad-I [2014 (313) E.L.T. 152 (Tri.-Ahmd.)]. 6. Heard the parties. Considered the submissions. 7. In this case, the short issue before me is that whether the appellant is entitled to avail Cenvat credit on capital goods procured during the period when their product was dutiable or not. The Larger Bench of this Tribunal in the case of Spenta International (supra) ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ement of capital goods, the final product manufactured by the appellant was dutiable. Therefore the facts of the case of Hindustan Coca Cola Beverages Ltd. have no relevance to the facts of the present case. 8. As on the date on which the capital goods were procured, the final product was dutiable, therefore, I hold that appellant has correctly taken the Cenvat credit on capital goods and they ..... X X X X Extracts X X X X X X X X Extracts X X X X
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