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TMI Blog2007 (12) TMI 151X X X X Extracts X X X X X X X X Extracts X X X X ..... the manufacture of seat systems and components for automobiles classifiable under Heading 9401 of the Schedule to the Central Excise Tariff Act, 1985. It has been alleged in the show cause notice that on examination of the Balance Sheet, the auditors of AGUP, Allahabad had noticed that dies and moulds, during 2000-2001 and 1999-2000 had been scrapped as the automobile models ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ederal Mogul Automotive Products (I) P. Ltd. Vs. Commissioner of Central Excise, Jaipur - 2007 (212) ELT 158 (T-D). He also submits that the demand is barred by limitation as there is no suppression of facts and demand was raised on the basis of balance sheet. He relied upon the decision of the Tribunal in the case of Kirloskar Oil Engines Ltd. Vs. Commissioner of Central Excise, Nasik - 200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been used in the manufacture of final products and they are still lying in the factory. The adjudicating authority observed that if the capital goods have not been used of its full life or span in the manufacture of finished good but withdrawn from use due to the reason that the model of finished goods for which it was being used has been withdrawn from production or because the said model i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t cannot be denied on the presumption that inputs may not be used when there is no time limit for consumption. In the present case, there is no dispute that capital goods are still lying in the factory and, therefore, credit cannot be denied on the presumption that the capital goods were not used, as the full life time has not been elapsed. I find force in the submissions of the ld. Advocate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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