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TMI Blog2015 (3) TMI 1254X X X X Extracts X X X X X X X X Extracts X X X X ..... act on record that the finished goods were galvanized. In that circumstances, it cannot be said that the appellant has not facility for galvanization - the appellant has rightly availed credit on zinc, furnace oil and hydrochloric acid which were used for galvanization of final products - credit allowed - appeal allowed - decided in favor of appellant. - E/58176/2013-EX(SM) - Final Order No. A/50 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct and thereafter an investigation was conducted in the factory of the appellant on 11-1-2008. Panchnama was drawn and as per panchnama, the appellant having two Zasta Bhathi or Hot Dip Galvanized Furnaces. Thereafter, a show cause notice was issued to the appellant on 13-5-2010 by invoking extended period of limitation to deny the credit on zinc, furnace oil and hydrochloric acid purchased by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epartment. He further submits that the show cause notice was issued by invoking the extended period of limitation. In the circumstances, the demand is also barred by limitation. 4. On the other hand, learned AR submits that the appellant has not produced any evidence for procurement of the capital goods i.e. furnace for galvanization. Therefore, he has not produced the evidence of procurement o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so in working condition. Moreover, the appellant have produced the balance sheet during the intervening period to substantiate that during the period 15-6-2007 and 11-1-2008, they have not installed any new machinery. Therefore, the machinery is available in the factory which is in working condition. Moreover, it is fact on record that the finished goods were galvanized. In that circumstances, it ..... X X X X Extracts X X X X X X X X Extracts X X X X
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