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2014 (3) TMI 551 - AT - Central ExciseReversal of CENVAT Credit - (a) Whether the term "capital goods" can include plant, structures embedded to earth? (b) Whether the goods like angles, joists, beam, channels, bars, flats which go into fabrication of such structures can be treated as 'inputs' in relation to their final products as inputs for capital goods, or none of the above? (c) Whether the credit can be allowed in respect of goods like angles, joists, beam, channels, bars, flats which go into fabrication of such structures and plant? Held that:- Following Tribunal’s Larger Bench decision in Vandana Global Ltd. Vs. CCE, Raipur [2010 (4) TMI 133 - CESTAT, NEW DELHI (LB)] - there will be waiver of pre-deposit and stay of recovery in respect of the penalty imposed on the appellant while, in the second appeal, there will be a direction to the appellant to reverse the CENVAT credit in question, whereupon there will be waiver of pre-deposit and stay of recovery in respect of the penalty and interest on duty. The appellant shall reverse the said CENVAT credit within six weeks - stay granted partly.
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