Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2008 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2008 (9) TMI 750 - CESTAT, AHMEDABADStay/Dispensation of pre-deposit - Cenvat credit - inputs used during trial runs of the new machineries - Held that: - we find favour with the appellant’s contention that even though the said raw materials were capitalized in the balance sheet for the purposes of income tax, the same would still remain as inputs and cannot be considered to be capital goods for the purposes of Central Excise law inasmuch as the same are admittedly not covered by the definition of capital goods. Extended period of limitation - Held that: - The audit objection was intimated to the appellant in December, 2005 and was replied by them in December, 2005 itself. The show cause notice was issued subsequently in the year 2007 and as such is prima facie barred by limitation. Petition allowed - decided in favor of petitioner.
|