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    <title>2008 (9) TMI 170 - GUJARAT HIGH COURT</title>
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    <description>Cenvat credit on capital goods was treated as admissible where the machinery was first used on a trial basis to produce exempt granules and was later deployed for manufacture linked to dutiable goods. The lower appellate authority and the Tribunal accepted that factual distinction and distinguished the contrary precedent on that basis. The Gujarat HC held that the Revenue did not raise any substantial question of law against that approach, and the credit rules did not impose the absolute bar urged by the Revenue. The Tribunal&#039;s order was therefore sustained in favour of the assessee.</description>
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      <title>2008 (9) TMI 170 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=32582</link>
      <description>Cenvat credit on capital goods was treated as admissible where the machinery was first used on a trial basis to produce exempt granules and was later deployed for manufacture linked to dutiable goods. The lower appellate authority and the Tribunal accepted that factual distinction and distinguished the contrary precedent on that basis. The Gujarat HC held that the Revenue did not raise any substantial question of law against that approach, and the credit rules did not impose the absolute bar urged by the Revenue. The Tribunal&#039;s order was therefore sustained in favour of the assessee.</description>
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