TMI Blog2021 (6) TMI 62X X X X Extracts X X X X X X X X Extracts X X X X ..... se capital goods have been used for manufacture of dutiable goods, in that circumstance, the assessee is entitled to take credit. Admittedly, the facts are not in dispute that these goods have been installed during the period November, 2015 to March, 2016, the appellant opted out of area based exemption which clearly indicates that the appellant used capital goods for manufacture of dutiable goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the month of Nov.15 to March, 2016. With effect from 8.11.2015, the appellant opted out exemption availed under Notification No.49/2003-CE dated 10.6.2003 and started manufacturing dutiable goods which were cleared on payment of duty. The credit was availed on these capital goods during the period March, 2016 to April, 2016 in terms of Rule 3 of the Cenvet Credit Rules,2004. Notification NO.13 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uct was dutiable, therefore, they are entitled to cenvet credit on the capital goods which were used in the manufacture of dutiable goods in terms of Rule 3 of the cenvet credit Rules,2004. He further submits that although Notification No.13/16-CE dated 1.3.2016 bars on availing credit on capital goods which were used exclusively for manufacture of exempted goods. It is his contention that by usin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hen they exclusively fully exempted goods, they are not entitled to Notification No.13/16-CE dated 1.3.2016. The said notification is applicable prospectively and not retrospectively. 5. Heard the parties and considered the submissions. 6. On careful consideration of the submissions made by both sides, I find that the credit is available to the assessee on capital goods in terms of Rule 3 of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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