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2022 (7) TMI 521

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....llant Ms. Tamanna Alam, Authorised Representative for the Respondent ORDER The issue in this appeal is whether the appellant have rightly taken Cenvat credit on capital goods. 2. The appellant is engaged in manufacturing of RCC pipes, taxable under chapter heading no. 68109990 of the CETA. The appellant had availed Cenvat credit on receipt of capital goods during the period April to June 2017,....

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....to revenue that as per Rule 6(4) of CCR, appellant could not have taken the Cenvat credit on the capital goods, as Rule 6(4) provides - no Cenvat credit shall be allowed on capital goods which are used exclusively in the manufacture of exempted goods or in providing exempted services, other than the final products which are exempted from the whole of the duty of excise leviable thereon, under any ....

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....y confirming the demand of Cenvat credit with interest, however, was pleased to reduce the penalty amount to Rs. 1 lakh. Being aggrieved the appellant assessee is before this Tribunal. 6. Learned Counsel for the appellant urges that the show cause notice is mis-conceived, as the finished products manufactured by the appellant are not exempted, rather are dutiable @ 10% ad valorem as per CTH 68109....