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2012 (5) TMI 114 - CESTAT, MUMBAIApplication for waiver of pre-deposit of duty - Cenvat credit on wagons as capital gain - Classification - rule 2(a) of Cenvat Credit Rules, 2004 - Held that: the wagons are classifiable under chapter 86 of the Central Excise Tariff and the same is not covered under the definition of capital goods. Further, we find that the wagons cannot be considered as components, spares and accessories of the specified goods. In view of this, we find that the applicant has not made out a case for waiver of duty no financial hardship is pleaded during the arguments - Decided against the assessee
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