2017 (2) TMI 611

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....he Respondent. [Order per: Sulekha Beevi, C.S.] The appellants who are engaged in the manufacture of Cement and Cement clinker were issued Show Cause Notice alleging irregular availment of credit under the category of capital goods during the period May, 2011 on the duty paid on tyers used for dumpers. After due process of law, the original authority dropped the proceedings holding that the ....

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....Against this the Cd. AR, Shri. P.S Reddy reiterated the findings in the impugned order. He submitted that tyres used for dumpers do not fall within the definition of capital goods and therefore, the Commissioner (Appeals) has rightly denied the credit. 4. I have heard the rival submissions made before me. The appellants contend that the credit of duty paid on tyres used for dumpers are eligible....