2005 (11) TMI 283

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... [Order]. - This is an appeal filed by the Revenue against the Order passed by the Commissioner of Central Excise (Appeal-IV), Kolkata. The facts of the case are as follows :- 1.1 The respondent company availed the CENVAT credit on C.I. Moulds (Capital Goods) used in the manufacture of MS Ingots (Final Products). On a visit to their factory by the Central Excise Officers on 3-12-2001, a s .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... eal. He further submits that the Rule 4(2)(b) of the CENVAT Credit Rules, 2001, has been contravened by the respondents. Therefore, he prays that the appeal may be allowed. 3. Heard Shri B.N. Chattopadhyay, learned Consultant for the respondent company. He submits that the Order of the Commissioner (Appeals) is correct in law. He also submits that the respondents have used the capital goods .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... val of the C.I. Moulds found short the explanation provided by the assessee that they have been scrapped and accounted in the statutory accounts of the assessee cannot be summarily dismissed without verification as there is no bar on the smelting of used and rejected C.I. Moulds into scrap and removing them on payment of duty. As the departmental SCN has not mentioned anything on any verification .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X