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TMI Blog2012 (5) TMI 326X X X X Extracts X X X X X X X X Extracts X X X X ..... reas the notification No. 29/04-CE permitted concessional rate of duty subject to availment of modvat credit, Notification 30/2004-CE allowed unconditional exemption. - held that:- Merely because during the relevant period, when the capital goods were received in their factory, there were no clearance by availing the benefit of Notification No. 29/04, will not make their final product as fully exe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Appeal No. 225/10, the appellants only availed the benefit of notification No. 30/04. During this period, they also received cenvatable capital goods on which they availed credit. 3. The dispute in the present appeal relates to the availment of such credit. Whereas the revenue s contention is that credit is not available to them in terms of Rule 6(4) of Cenvat Credit Rules inasmuch as their fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re received. 4. After hearing the submissions made by both sides, I find that the provisions of Rule 6(4) denying the credit availability in respect of capital goods are applicable where such capital goods are EXCLUSIVELY used in the manufacture of exempted final product. 5. In the present case, the appellants final product is not fully exempted inasmuch as they are also availing the benefit o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Punjab & Haryana when the appeal filed by the Revenue was rejected as reported in 2011 (268) ELT 318 (P&H). To the similar effect is another decision of the Tribunal in the case of CCE Madurai vs. Eastman Spinning Mills (P) Ltd. [2011 (271) ELT 256 (Tri-Chennai)]. 7. I also note that reliance by the authorities on the Larger Bench decision in the case of Spenta International Ltd. is not appro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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