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    <title>2023 (11) TMI 721 - CESTAT KOLKATA</title>
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    <description>Cenvat credit was treated as admissible on capital goods, inputs and refractory items used within the factory for fabrication of capital goods and manufacture, including items embedded in the plant, where the record supported such use and the factory was transferred as a going concern with assets and liabilities assumed. Credit was also recognised for refractory items used in boilers and furnaces connected with the manufacturing process. On limitation, the extended period could not be invoked because monthly returns and books disclosed the credit and the dispute was interpretational, with no material showing suppression or intent to evade duty. The demand was therefore set aside on merits and limitation.</description>
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      <description>Cenvat credit was treated as admissible on capital goods, inputs and refractory items used within the factory for fabrication of capital goods and manufacture, including items embedded in the plant, where the record supported such use and the factory was transferred as a going concern with assets and liabilities assumed. Credit was also recognised for refractory items used in boilers and furnaces connected with the manufacturing process. On limitation, the extended period could not be invoked because monthly returns and books disclosed the credit and the dispute was interpretational, with no material showing suppression or intent to evade duty. The demand was therefore set aside on merits and limitation.</description>
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