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    <title>2010 (11) TMI 919 - CESTAT NEW DELHI</title>
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    <description>Cenvat credit on capital goods could not be denied merely because the goods were received as replacement under a reinstatement insurance policy. The decisive factors were that the goods were duty paid, supported by proper duty-paying documents, and their receipt and use were not disputed. The source of funding or the insurer&#039;s reimbursement arrangement did not affect statutory eligibility for credit. Where the department accepted the duty-paid character of the goods and their receipt, denial of credit was unwarranted.</description>
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      <link>https://www.taxtmi.com/caselaws?id=170303</link>
      <description>Cenvat credit on capital goods could not be denied merely because the goods were received as replacement under a reinstatement insurance policy. The decisive factors were that the goods were duty paid, supported by proper duty-paying documents, and their receipt and use were not disputed. The source of funding or the insurer&#039;s reimbursement arrangement did not affect statutory eligibility for credit. Where the department accepted the duty-paid character of the goods and their receipt, denial of credit was unwarranted.</description>
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