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    <title>2012 (11) TMI 441 - CESTAT, MUMBAI</title>
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    <description>Credit on components and capital goods used to fabricate and set up an oxygen plant was held prima facie admissible under the Modvat framework where duty had been paid on the components, parts or accessories used in manufacture. The Tribunal applied its earlier view that credit could not be denied merely because the finished plant was not separately dutiable, and noted that the approach had been affirmed by the High Court. On that basis, the applicant showed a strong prima facie case and obtained waiver of pre-deposit, with recovery stayed pending appeal.</description>
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    <pubDate>Tue, 12 Jun 2012 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=218426</link>
      <description>Credit on components and capital goods used to fabricate and set up an oxygen plant was held prima facie admissible under the Modvat framework where duty had been paid on the components, parts or accessories used in manufacture. The Tribunal applied its earlier view that credit could not be denied merely because the finished plant was not separately dutiable, and noted that the approach had been affirmed by the High Court. On that basis, the applicant showed a strong prima facie case and obtained waiver of pre-deposit, with recovery stayed pending appeal.</description>
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