9911796707
TMI Blog2007 (9) TMI 107X X X X Extracts X X X X X X X X Extracts X X X X ..... duty of Rs. 51,49,012/- representing cenvat credit taken on capital goods and equal amount of penalty, we find that it is possible to decide the appeal itself at this stage and hence proceed to do so with the consent of both sides after waiving the requirement of pre-deposit. 2. Credit has been denied for the reason that it has been held that the capital goods were used exclusively in the manufa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... redit Rules, 2002 will be attracted. When the plant and machinery has not yet been installed at the stage of issue of show cause notice or at the stage of passing of the impugned order the demand can be said to have been raised prematurely. 4. We, therefore, set aside the demand and penalty and allow the appeal with consequential relief (the appellant has paid Rs. 7,14,999/-) in accordance with l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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