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    <title>2018 (7) TMI 1940 - CESTAT KOLKATA</title>
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    <description>CENVAT credit on capital goods could not be denied merely because an oxygen plant was taken on lease from a non-financing company. Rule 2(b) of the Cenvat Credit Rules, 2001/2002 required the capital goods to be used in the manufacturer&#039;s factory, and that condition was satisfied because the plant was installed in the appellant&#039;s factory, received under excise invoices in the appellant&#039;s name, duty was paid, and the oxygen produced was captively consumed in the manufacture of dutiable final products. Ownership of the plant was not a prerequisite for credit, and the lease arrangement did not defeat eligibility. The denial of credit was therefore unsustainable.</description>
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    <pubDate>Thu, 12 Jul 2018 00:00:00 +0530</pubDate>
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      <title>2018 (7) TMI 1940 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=280197</link>
      <description>CENVAT credit on capital goods could not be denied merely because an oxygen plant was taken on lease from a non-financing company. Rule 2(b) of the Cenvat Credit Rules, 2001/2002 required the capital goods to be used in the manufacturer&#039;s factory, and that condition was satisfied because the plant was installed in the appellant&#039;s factory, received under excise invoices in the appellant&#039;s name, duty was paid, and the oxygen produced was captively consumed in the manufacture of dutiable final products. Ownership of the plant was not a prerequisite for credit, and the lease arrangement did not defeat eligibility. The denial of credit was therefore unsustainable.</description>
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      <pubDate>Thu, 12 Jul 2018 00:00:00 +0530</pubDate>
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