TMI Blog2010 (2) TMI 500X X X X Extracts X X X X X X X X Extracts X X X X ..... ed from scope of capital goods by Rule, assessee was not entitled to credit of duty paid on them. Further held that for the purpose of Thermostat the matter was remanded back for reconsideration. Thus no penalty imposable. - E/EDM/56/2005 - A-118/KOL/2010 - Dated:- 16-2-2010 - S/Shri S.S. Kang, Vice-President and S.K. Gaule, Member (T) Shri Ravi Raghawan, Advocate, for the Appellant. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration the credit taken in respect of other capital goods covered under the same bill of entry. 3. Learned Departmental Representative (SDR) appearing on behalf of the Revenue submitted that Continuous Mixture is classifiable under Heading 8474 of the Central Excise Tariff and the same has been specifically excluded from the definition of capital goods during the relevant period. Hence credit wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... operation of press and it has not been excluded specifically from the definition of capital goods. In respect of quantification of demand we find merit in the contention of Appellant in this regard that credit of Rs. 11,198/- (Rupees Eleven Thousand One Hundred and Ninety Eight only) was availed on Thermostat whereas total credit of more than Rupees Twenty One Lakh is denied. In these circumstance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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