TMI Blog2015 (10) TMI 2516X X X X Extracts X X X X X X X X Extracts X X X X ..... fabrication of tools and dies which have been further utilised in the main factory for manufacture of goods which have been cleared on payment of duty. Further as find that moulds and dies, have been defined as capital goods in Rule 2(A)(iv) of the Cenvat Credit Rules, 2004. Accordingly, allow the appeal with consequential benefits if any. - APPEAL NO. E/56011/2014 - Final Order No. A/70010/2016- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of taxable final products. It appeared to revenue that as the inputs fall under the Chapter 72 of CETH, the inputs will not fall under the definition of capital goods as defined in Rule 2 of the Cenvat Credit Rules, 2004. Further it appeared that the appellant failed to make proper disclosure to the Revenue from time-to-time and accordingly extended period was invoked covering the period from 2008 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were entitled to take hundred per cent Cenvat credit, but by mistake they have taken only 50% credit. The SCN was adjudicated vide order-in-original, dated 28-11-2013 by which the proposed credit was disallowed and had liable to be recovered along with interest under Rule 14 of CCR and further equal amount of penalty was imposed under Rule 15 of CCR, read with Section 11AC of the Act. 4. Being ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urther it is pointed out that tools and dies including moulds are capital goods as defined in Rule 2(A)(iv) of the Cenvat Credit Rules. He further urges that the ld. Commissioner have erred in not appreciating the definition of capital goods as given in the Cenvat Credit Rules, leading to an erroneous conclusion. Accordingly prays for allowing the appeal. 6. The ld. AR for the revenue relies on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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