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2013 (12) TMI 1632 - CESTAT NEW DELHI

2013 (12) TMI 1632 - CESTAT NEW DELHI - TMI - Excise Appeal No. 3195 of 2010-SM & Excise Appeal No. 824 of 2011-SM - F. Order No. 58741-58742/2013 - Dated:- 23-12-2013 - Mr. Rakesh Kumar, Member (Technical) Shri K. Anand, Advocate - for the appellant Shri Amresh Jain, D.R. for the respondent JUDGEMENT Per Rakesh Kumar : The facts leading to these two appeals which are against two separate orders in appeal are as under. 2. The appellant during the period from April 2008 to March 2009 took Cenvat .....

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of ₹ 74,099/- in respect of spares of Ventra Locomotives are also used in mines. Here also the jurisdictional Assistant Commissioner disallowed the Cenvat credit and confirmed the demand along with interest and this order of the Assistant Commissioner was upheld by the Commissioner (Appeals) against which appeal No. E/824/2011-Ex. has been filed. 4. Heard both the sides. 5. Shri K. Anand, ld. Counsel for the appellant pleaded that so far as issue of eligibility for Cenvat credit of tyres .....

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