2004 (8) TMI 261

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....Commissioner (Appeals) by the Revenue. 2. The respondents received a generator (capital goods) in their factory on 20-10-98 but did not install it prior to 1-4-2000. The total CVD paid on the generator was Rs. 15,60,072.28. The respondent took 50% of that amount as credit in 2000-2001 and the balance in the next financial year. The contention of the Revenue is that since the generator was recei....

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....nts. In the instant case, the goods were received on 20-10-98 hence the credit was earned before 1-4-2000 but taken after that day due to bar of availing the credit before installation. In view of this, the respondents had earned credit of 75% of CVD paid, hence their eligibility is to be restricted to 50% of that amount and not 50% of the total CVD as availed by the respondent. 4. Heard both s....