2007 (7) TMI 484

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....Tendulkar, MBA, for the Respondent. [Order]. -  This appeal is directed against the Order-in-Appeal No. P1/149/2006, dated 18-4-2006. 2.  Considered the submissions made by both sides and perused the records. The issue involved in the case is regarding the denial of Cenvat Credit to the respondents on the capital goods purchased by them from M/s. Novartis Enterprises Ltd. who we....

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.... the Capital Goods received by the appellants and were being used in the manufacture of the final products. The only point of dispute is that the CENVAT Credit has not been availed on valid duty paying documents. On close reading of the Rule 9 of the CENVAT Credit Rules, 2004, I find that the basic requirement in the Rule is that the Capital Goods should have been received in the factory and used ....

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....oices which were issued by M/s. Novartis Enterprises Ltd., did not mention the amount of excise duty paid, it is undisputed that M/s. Novartis Enterprises Ltd. had permission to import of capital goods and it is also undisputed that M/s. Novartis Enterprises Ltd. had cleared the same capital goods after following all the proper procedures. There is nothing on record to show that the appellants had....