Allowability of CENVAT Credit in case of Supply of Goods

Suppose Mr. X Purchases an equipment of Rs 100 and paid excise duty of Rs 10. He thereafter enters into agreement with Mr.Y for selling that equipment and provide service relating to installation and erection of that equipment in the premises of Mr.Y. Mr.X sell that equipment and also collects service tax from Mr. Y towards installation of the equipment. Now can Mr. X avail cenvat credit of Rs.10 against his service tax liablity ?

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Originally posted by : afzal razak ghaniwala

Suppose Mr. X Purchases an equipment of Rs 100 and paid excise duty of Rs 10. He thereafter enters into agreement with Mr.Y for selling that equipment and provide service relating to installation and erection of that equipment in the premises of Mr.Y. Mr.X sell that equipment and also collects service tax from Mr. Y towards installation of the equipment. Now can Mr. X avail cenvat credit of Rs.10 against his service tax liablity ?
 

as the goods which are duty paid got sold to Y, so X can not get any credit of the cenvat paid, 

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