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2007 (9) TMI 107

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..... ture so set aside - E/699/2007 - A/686/2007-WZB/C-II(EB) - Dated:- 11-9-2007 - [Order per : Jyoti Balasundaram, Vice-President]. - After hearing both sides on the application for waiver of pre-deposit of 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 .....

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..... attracted against them because it is only if I the capital goods are used (after installation) exclusively in the manufacture of exempted goods only then cenvat credit could be denied and Rule 6(4) of the Cenvat Credit 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 t .....

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