2008 (4) TMI 645

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....ppellant. Dr. Manoj Kumar Rajak, SDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. -  After dispensing with the condition of pre-deposit of duty and penalty, we proceed to decide the appeal itself inasmuch as, the issue stands covered in favour of the appellant by the precedent decision. 2. The appellants availed Cenvat credit of duty paid on the capital good....

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....the Commissioner (Appeals) having been appealed against by the Revenue stands confirmed by the Tribunal, when the appeal filed by the Revenue was rejected vide order No. A/2846/WZB/AHD/2007, dated 12-11-2007 [2009 (233) E.L.T. 468 (T). 4. For better appreciation, we produce the relevant paragraphs from the earlier order of the Tribunal : '7. The issue involved in the instant appeal is a....

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....arified at Point No. 14 that with reference to Capital Goods the duty is to be paid will be determined after allowing depreciation in terms, of Circular F.No. 495/16/03-CX.VI, dt. 26-5-93. In fact, Rule 3(4) of Cenvat Credit Rules, 2002 does not specify that when the capital goods are cleared, duty paid should be equal to the amount of credit availed, I find that the appellants have paid duty in r....