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    <title>2002 (12) TMI 469 - CEGAT, NEW DELHI</title>
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    <description>Modvat credit on capital goods is unavailable under Rule 57R where the goods are used exclusively in manufacturing final products exempt from duty or chargeable at nil rate, but the credit question depends on whether the manufacturer was in fact availing the exemption under Notification No. 8/96-C.E. The record did not contain a clear finding on that factual issue, and the prior view that the notification was only conditional was reached without first determining the exemption position. The controversy was therefore required to be re-examined by the adjudicating authority, and admissibility of credit was not finally affirmed on the existing record.</description>
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    <pubDate>Tue, 10 Dec 2002 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=108363</link>
      <description>Modvat credit on capital goods is unavailable under Rule 57R where the goods are used exclusively in manufacturing final products exempt from duty or chargeable at nil rate, but the credit question depends on whether the manufacturer was in fact availing the exemption under Notification No. 8/96-C.E. The record did not contain a clear finding on that factual issue, and the prior view that the notification was only conditional was reached without first determining the exemption position. The controversy was therefore required to be re-examined by the adjudicating authority, and admissibility of credit was not finally affirmed on the existing record.</description>
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      <pubDate>Tue, 10 Dec 2002 00:00:00 +0530</pubDate>
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