Cenvat Credit on capital goods eligible when finished goods are dutiable under Central Excise 

K K Spun India Ltd. Vs Commissioner of Central Excise Customs and Service Tax (CESTAT Delhi) Learned Counsel for the appellant urges that the show cause notice is mis-conceived, as the finished products manufactured by the appellant are not exempted, rather are dutiable @ 10% ad valorem as per CTH 68109990 under the Central Excise Tariff Act. Thus, the finished product of the appellant are taxable in normal course. Only, for supplies made for specific project under Notification No. 12/2012 – CE, exemption is available. In this view of the matter, the appellant have rightly taken the Cenvat c...