TMI Blog2013 (12) TMI 283X X X X Extracts X X X X X X X X Extracts X X X X ..... red as capital goods or parts or accessories of capital goods - iron and steel structures manufactured and captively used cannot be considered as capital goods eligible for Modvat/Cenvat credit - The appellant is directed to make a pre-deposit of the entire amount of CENVAT credit taken wrongly along with interest as pre-deposit - upon such submission rest of the amount to be stayed till the disposal – Stay granted. - E/147/2012 - - - Dated:- 4-10-2013 - P R Chandrasekharan,J. For the Appellant : Ms Padmavati Patil, Adv. For the Respondent : Mr Ahibaran Addl. Commissioner (AR) PER : P R Chandrasekharan The appeal and stay petition are directed against Order-in-Appeal NO. 1/RKS/153/2011 dated 08/11/2011 passed by the Commis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the show cause notice seeking reversal of credit was issued only in November, 2010. Therefore, the entire demand is time-barred. Accordingly, it is pleaded that stay be granted. 4. The learned Additional Commissioner(AR) appearing for the Revenue reiterates the findings of the lower authorities. 5. I have carefully considered the submissions made by both the sides. Initially the appellant took credit on MS angles and channels under the category of capital goods, even though, by no stretch of imagination, angles and channels can be considered as capital goods. When the department pointed out this, the appellant reversed the credit. After they reversed the credit, the appellant once again took re-credit of the duty paid, under the guis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anifest complete disregard for the law and to somehow avail CENVAT Credit whether the same is entitled or not. Therefore, I am of the prima facie view that the appellant has not made out any case for grant of stay. 5.1 The appellant has not pleaded any financial hardship nor has any evidence been led before me in support of such hardship. Therefore, balance of convenience is in favour of the Revenue as held by the hon'ble Andhra Pradesh High Court in the case of SQL Star International Ltd. vs. Commissioner of Customs, Central Excise Service Tax [2012 (25) STR 113 (AP)]. 6. Accordingly, I direct the appellant to make a pre-deposit of the entire amount of CENVAT credit taken wrongly along with interest thereon within interest thereon wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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