2012 (8) TMI 106

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..... inal product was being exempted from duty - Revenue disallowed such claim – Held that:- Earning of duty by the assessee is not in dispute - Credit earned not being found to be illegitimate - right accrued is not deniable unless law abrogates such right, the appellant is entitled to the claim of part of cenvat credit on capital goods - Appeal allowed.
MR. D.N. PANDA, J. Present for the Appellan .....

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..... became payable nothing is allowable. 3. Heard both sides and perused record. Earning of duty by the assessee is not in dispute. It is only denial setoff of credit earned due to exemption of final product from duty. Ld. Counsel placed reliance on the Judgment of Hon ble High Court of Karnataka holding that reversal of Cenvat Credit is unwarranted when the final product is exempted from duty subse .....

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