TMI Blog2015 (10) TMI 897X X X X Extracts X X X X X X X X Extracts X X X X ..... ed for fabrication of supporting structures, whereas the claim of the appellant was that all these items were used in the fabrication of parts and components of machineries, which satisfy the definition of capital goods laid down under rule 2(a) of CENVAT Credit Rules, 2004, accordingly eligible to the CENVAT Credit. We find that the issues raised rests on determination of facts on the basis of ev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an application seeking waiver of pre-deposit of duty of ₹ 1.32 Crores and equal amount imposed under section 11AC of Central Excise Act, 1944 and under Rule 15(2) of the CENVAT Credit Rules. 2. Shri R. Raghavan, ld. Advocate for the applicant submits that the entire demand has been confirmed against the Applicant on the ground that the inputs namely angles, channels, plates, bars etc. had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing authority for re-consideration of the issues afresh. 3. After hearing both sides for some time we find that the appeal itself could be disposed of at this stage. Accordingly, with the consent of both sides the appeal is taken up for disposal. 4. We find that the entire dispute centers around the eligibility of CENVAT Credit on various items namely angles, channels, beams, plates etc. whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roceeding. At this stage the offer to deposit ₹ 10.00 Lakhs seems to be reasonable. Consequently, the appellant is directed to deposit ₹ 10.00 Lakhs within a period of 8(eight) weeks from the communication of this order and report compliance directly to the Commissioner. All issues are kept open. Needless to mention a reasonable opportunity of hearing be granted to the appellant. Appea ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
