9911796707
Advanced Search 
TMI Blog2010 (7) TMI 858X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER This is an appeal against the order of the Commissioner (Appeals) No. 106/CE/GZB/2007 dated 30-4-2008. 2. Heard both sides. 3. The relevant facts, in brief, are that the appellants received shapes and sections falling under chapter sub-heading 7216.10 and took credit as capital goods; they used such shapes and sections to fabricate moulds; moulds were exempted under Notification No. 67/9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he shapes and sections were used for fabricating moulds which were used for manufacture of final products within the factory, and therefore, no specific intimation was given as they were under the bonafide belief that moulds being exempted by 67/95, there is no need for such intimation. There can be no dispute that they are eligible for credit, under the circumstances there is no intention to evad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p; pollution control equipment; (iii) components, spares and accessories of the goods specified at (i) and (ii); (iv) moulds and dies, jigs and fixtures; (v) refractories and refractory materials; (vi) tubes and pipes and fittings thereof; and (vii) storage tank, used - (1) In t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is time barred also cannot be accepted as department was not privy to appellants using the inputs for manufacture of moulds as they have not claimed any exemption in respect of the moulds specifically in their ER I returns. While the credit requires to be denied on the above ground, it cannot be considered as a fit case for imposition of equal amount of penalty. Therefore, the penalty imposed und ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
