9911796707
TMI Blog2013 (10) TMI 328X X X X Extracts X X X X X X X X Extracts X X X X ..... the Respondents : Mr. R. Gurunathan, Addl. Commissioner (AR) JUDGEMENT Per: M. V. Ravindran; These two appeals are filed against Order-in-Appeal No. 4 & 5/2010 dated 24.12.2010. Since the issue involved in these two cases pertains to the very same assessee and also on a similar set of facts, they are being disposed of by common order. 2. As the issue lies in narrow compass, we take up the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Order-in-Original. The effect of such an order is that appellant herein is denied of the CENVAT credit availed on capital goods. 4. Learned counsel appearing on behalf of the appellant would submit that during the period 1999-2002, appellant had received the capital goods on which Central Excise duty was paid. It is his submission that the appellant had utilized these capital goods for manuf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y were received in the factory during the year 1999-2002. It is also undisputed that the appellants have started paying duty on the final products from April 2003. 6.1 In the light of the above factual matrix, we find that the appeals filed by the appellant have no merits on the face of the ratio laid down by the Larger Bench in Spenta International Ltd. (supra) wherein the Larger Bench has held ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the view that penalty imposed on the appellant by the first appellate authority is unwarranted and needs to be set aside. 6.4 Accordingly, the confirmation of the demand of the ineligibility of CENVAT credit is upheld along with interest thereof, but penalty imposed by the first appellate authority are set aside. 7. The appeals are disposed of as indicated hereinabove. (Operative portion of thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
