2016 (8) TMI 937

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... (Technical) Ms. Priyanka Goel, Advocate for the appellant Shri G.R. Singh, DR for the respondent ORDER Per V. Padmanabhan This appeal is directed against the order passed by Commissioner (Appeals) dated 11.03.2008.  The appellant is a manufacturer of asbestos cement sheets falling under chapter 68 of the Central Excise Tariff. These goods were chargeable to nil rate of duty up....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....anka Goel, the Ld. advocate for the appellant. The main ground canvassed by the appellants is that their final product became dutiable during the financial year 2005   2006 and the capital goods have been received in the appellants unit during the same financial year. Accordingly, they have prayed that they will be entitled to the CENVAT credit of duty paid on the capital goods. 3. It....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....been taken in the same financial year in which their final products became dutiable. We find that this is not a valid reason to permit such credits. 5. We find that Larger Bench of this Tribunal had occasion to examine a similar question in the case of Spenta International Ltd versus Commissioner of Central Excise, Thane which is reported in 2007(216) ELT. 133(Tri-LB) in which it has been held ....