2014 (3) TMI 553

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....assemblies. Nitrogen is a raw material used in the manufacturing process. They had entered into an agreement with M/s. Adsorbtech Engineers Pvt. Ltd. for setting up of a factory within the factory premises of the applicant for manufacture of nitrogen. The investment in that plant was made by M/s. Adsorbtech Engineers Pvt. Ltd. The applicant was obtaining raw material, namely, nitrogen, taking CENV....

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....further manufacture of excisable goods for M/s. Eicher Ltd. The applicant had taken CENVAT credit based on the invoices issued by M/s. Eicher Ltd., against which no clearance of goods had taken place. Revenue was of the view that CENVAT credit cannot be taken against such invoices. 2.2 On the first issue, the learned counsel for the applicants relies on the decisions of Kirloskar Ferrous Industri....

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....uts received in the factory was removed from the factory, they should have reversed CENVAT credit availed thereon. 4. On the issue of charges for tools, he submits that since the invoices of these goods are in the name of M/s Eicher Ltd., they are eligible for taking CENVAT credit. He also points out that the goods have not been cleared out of the factory of the applicant. 5. I have considered t....