TMI Blog2014 (10) TMI 89X X X X Extracts X X X X X X X X Extracts X X X X ..... ut the job work inside their factory - prima facie, the applicants have made out a case for waiver of entire amount of demand along with interest and penalty. Accordingly, predeposit of entire dues arising out of impugned order is waived and its recovery thereof stayed till pendency of the appeal - Stay granted. - E/40129/2014 - MISC ORDER No.41218-41219/2014 - Dated:- 31-7-2014 - Shri R. Periasami, J. For the Appellant : Shri Hari Radhakrishnan, Advocate For the Respondent : Shri K.P. Muralidharan, Supdt. (AR) ORDER 1. Today, the matter is listed for noting compliance. 2. Ld. Advocate Shri Hari Radhakrishnan appearing on behalf of appellant submits that the appellant filed MISC application No.E/MISC/41243/2014 on 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ). 4. The advocate submits that ownership of capital goods is not relevant for availing cenvat credit on capital goods so long as it is used in the manufacture of final products within the appellant's factory premises. As per para (B) of the agreement entered into between the appellant the job worker, the job worker will install plant and equipment in the appellant's premises and carryout the activities. He also submits that the job worker had endorsed the invoices in respect of the said capital goods in the name of the appellant. He relied on the following High Court's and Tribunal's decisions :- 1) CCE Vs Sunrise Chemicals Industries - 2010 (262) ELT 110 (Guj.) 2) CCE Chennai Vs Ilgin Automotive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the factory of the respondent-assessee and were used for the purposes of manufacturing final product which is an excisable item. The Rule nowhere prescribes installation of the capital goods, nor does the Rule refer to ownership of the capital goods. The only requirement prescribed by the Rule is use of capital goods received in the factory after the prescribed date and used in the manufacture or production of final products. The respondent-assessee has/fulfilled all the requisite conditions of the Rule. 5. It is not the case of appellant-Revenue that even M/s. Pidilite Industries Limited had claimed credit for the same capital goods which were supplied by M/s. Pidilite Industries Limited to respondent-assessee. In the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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