Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (6) TMI 264 - AT - Central ExcisePenalty u/s 11AC - availment of cenvat credit on various capital goods during the establishment of the new unit - whether penalty can be imposed under the facts and circumstances of the case - Held that:- Appellant was setting up a new unit and in that context, they have availed the cenvat credit on many items and even though initially the demand was issued for an amount of ₹ 60,27,939/-, finally the Commissioner has confirmed only an amount of ₹ 13,34,445/-. It is also seen that the items on which the credit has been denied are undoubtedly used in the factory. It is only due to interpretation of whether the said items would be covered within the definition of capital goods that they are being denied the credit. It is also seen that the items are falling under Chapter 73 and are in the nature of inputs used in the manufacture of supporting structures of capital goods and few items are used in the installation work outside the factory limits. - Ingredients of Section 11AC are missing in the case and, therefore, penalty imposed is set aside - Decided in favour of assessee.
|