TMI Blog2019 (6) TMI 316X X X X Extracts X X X X X X X X Extracts X X X X ..... ed exclusively manufacture of exempted goods or providing exempted services. In the case in hand after 27.11.2013, the goods manufactured by the appellant became dutiable as the exemption under Notification No. 50/2003-CE dated 10.06.2003 was expired. As per Rule 4 (2) (a) of CCR, 2004 the assessee is entitled to avail cenvat credit in the financial year in which the capital goods have been procured. Admittedly, in the case in hand, the appellant is taken cenvat credit on the capital goods for the same financial year when they were manufacturing dutiable as well as exempted final product, therefore, the appellant are entitled to avail cenvat credit in terms of rule 4 (2) (a) of CCR, 2004. 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 ..... ce of the show cause notice. The matter was adjudicated, the cenvat credit was denied. Against the said order, the appellant is before me. 3. The Ld. Consultant appearing on behalf of the appellant submits that while passing the impugned order the adjudicating authority has relied on the decision of Larger Bench of this Tribunal in the case of Spenta International Ltd. vs. CCE-2007 (216) ELT 0133 (LB), but, he heavily relied on the decision of the Hon ble Madras High Court in the case of Kaleesuwari Refinery Pvt. Ltd. vs. CESTAT-2016 (340) ELT 632 (Mad.) to say that they are entitled to avail cenvat credit. He also relied on the decision of this Tribunal in the case of CCE vs. Pepsico India Holdings Ltd-2015 (324) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther, in terms of Rule 4 of Cenvat Credit Rules, 2004 no cenvat credit shall be allowed on capital goods which are used exclusively manufacture of exempted goods or providing exempted services. In the case in hand after 27.11.2013, the goods manufactured by the appellant became dutiable as the exemption under Notification No. 50/2003-CE dated 10.06.2003 was expired. As per Rule 4 (2) (a) of CCR, 2004 the assessee is entitled to avail cenvat credit in the financial year in which the capital goods have been procured. The said issue has been examined by the Hon ble Madras High Court in the case of Kaleesuwari Refinery Pvt. Ltd.(supra) wherein the Hon ble High Court has framed the following issue:- Whether in the facts and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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