2008 (1) TMI 175

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..... l good is cleared without payment of duty – credit not allowable - no any reason to interfere with the impugned order - therefore, assessee’s appeal is dismissed - E /2264/2006-SM - 264/2008-SM(BR)/(PB) - Dated:- 23-1-2008 - Shri S.S. Kang, Vice President [Order]-1. Heard learned SDR since the appellants have requested to decide the matter on merit. 2. The appellants filed this appeal .....

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..... ct of inputs and clearing the goods under notification. Therefore, the denial of credit in respect of capital goods is not sustainable. 4. The contention of the Revenue is that the appellants are manufacturing cotton yarn and were availing benefit of notification which provides exemption from payment of duty in respect of cotton yarn. Contention is that, in case the manufacturer is manufacturi .....

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..... facturing and clearing cotton yarn under Notification No. 30/2004-CE and the appellants are not clearing any other goods on payment of duty. As per Rule 6.4 CENVAT Credit Rules, 2002, no Cenvat Credit in respect of capital goods used exclusively in the manufacture of cleared without payment of duty. The contention of the appellants that corrigendum dated 9.7.2004 whereby the word 'capital goods' .....

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