CENVAT Credit Demand on Imported Box Strapping Machines Invalid u/r 5(3) and Section 11D, Demand Set Aside.

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....Demand of amount collected in the name of duty u/s 11D - CENVAT credit - inputs or capital goods - imported Box Strapping Machines - the appellant have cleared the imported Box Strapping Machine as such on payment of excise duty which is equivalent to the Cenvat credit availed thereon. For this reason also, no demand can be raised as the appellant is eligible for Cenvat on capital goods cleared as such, in terms of Rule 5(3) of Cenvat Credit Rules, 2004. - the disallowance of Cenvat credit as well as demand under Section 11D are set-aside - AT....