2004 (8) TMI 502

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.... the Respondent. [Order per : C. Satapathy, Member (T)]. - Heard both sides. We find that on the matter being remanded to the Commissioner, he has again rejected the claim of the appellants for Cenvat credit on capital goods received before 1-4-2000. One of the grounds taken by the Commissioner is that Board's clarification contained in Circular No. 345/2/2000-TRU, dated 29-8-2000 allowing such....

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....n for some reason. It is clarified that in the situations mentioned, even though the Modvat credit was not taken by the manufacturer, the Modvat credit had been "earned" by the manufacturer and, therefore, the manufacturer is entitled to take the CENVAT credit of this amount under Rule 57AG(1)." 2. It is seen from the above that the Circular clearly states the legal position that where the c....