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    <title>2015 (4) TMI 240 - CESTAT AHMEDABAD</title>
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    <description>Eligibility for CENVAT credit on capital goods was tested by reference to the dutiability of the final product when the goods were received; because the capital goods were received and used for exempt production, credit was held inadmissible. The assessee&#039;s declaration that the goods would not be used exclusively for exempt manufacture was treated as mis-declaration, so the extended period of limitation was upheld. Penalty on the employee under Rule 209A was not sustained, as the employee was only an officer of the company and no separate basis was shown to retain that penalty.</description>
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      <link>https://www.taxtmi.com/caselaws?id=258358</link>
      <description>Eligibility for CENVAT credit on capital goods was tested by reference to the dutiability of the final product when the goods were received; because the capital goods were received and used for exempt production, credit was held inadmissible. The assessee&#039;s declaration that the goods would not be used exclusively for exempt manufacture was treated as mis-declaration, so the extended period of limitation was upheld. Penalty on the employee under Rule 209A was not sustained, as the employee was only an officer of the company and no separate basis was shown to retain that penalty.</description>
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