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TMI Blog2017 (7) TMI 1117X X X X Extracts X X X X X X X X Extracts X X X X ..... capital goods cannot be considered to be an input under Cenvat Credit Rules, 2004 - We cannot depart from the view taken therein and the distinctions shown by Mr. Thakur does not warrant our ignoring the binding precedent and/or refering it to the Hon’ble the Chief Justice to constitute Larger Bench - the substantial question of law is answered in affirmative i.e. in favor of respondent-Revenue a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f plant and machinery is not eligible to input credit under the Cenvat Credit Rules, 2001? 3. In the order passed on 20-6-2017 while reframing the question, instead of the word input the word capital goods have been used by mistake. On the mistake being pointed by parties, we have substituted the word input for capital goods in the question. 4. As is evident from the question, the b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee submits that the aforesaid decision should not be made applicable to the case of present assessee. According to him the aforesaid decision was rendered in favour of the Revenue as assessee therein has not laid necessary factual foundation to show that welding electrodes are eligible for credit as input under the Cenvat Credit Rules. Further, in the present facts it is submitted that welding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... put under Cenvat Credit Rules, 2004. The view taken by this Court as far back as 2009 has been binding upon all authorities within the State for the last 8 years. We cannot depart from the view taken therein and the distinctions shown by Mr. Thakur does not warrant our ignoring the binding precedent and/or refering it to the Hon ble the Chief Justice to constitute Larger Bench. 9. Therefore, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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