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    <title>2011 (8) TMI 315 - CESTAT, AHEMDABAD</title>
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    <description>Rule 6(4) of the Cenvat Credit Rules, 2004 bars CENVAT credit on capital goods used exclusively in the manufacture of exempted goods or exempted services. Eligibility is determined by the use of the capital goods at the relevant time, not by their later potential or subsequent deployment for dutiable production. Where credit was reversed after audit and refund was claimed thereafter, those later as did not cure the original ineligibility. The credit was therefore not admissible and the refund claim failed, leaving the matter in favour of Revenue.</description>
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      <description>Rule 6(4) of the Cenvat Credit Rules, 2004 bars CENVAT credit on capital goods used exclusively in the manufacture of exempted goods or exempted services. Eligibility is determined by the use of the capital goods at the relevant time, not by their later potential or subsequent deployment for dutiable production. Where credit was reversed after audit and refund was claimed thereafter, those later as did not cure the original ineligibility. The credit was therefore not admissible and the refund claim failed, leaving the matter in favour of Revenue.</description>
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