TMI Blog2016 (8) TMI 884X X X X Extracts X X X X X X X X Extracts X X X X ..... ng use of the said goods within the factory of manufacture - Held that:- the decisions cited by Revenue are in case where the inputs have been received classifiable under Chapter 72/73 of the Central Excise Tariff. The said chapters are not specifically included in the definition of capital goods. Moreover, it is found that the Commissioner (Appeals) has, in his order, recognized that this was an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... teel Structure material cannot be availed under the Cenvat Credit Rules, 2004. Accordingly, the show-cause notice dated 13.12.2010 was issued in respect of credit availed during 12.10.2008 to 16.03.2010. 2. Learned Counsel for the appellant argued that the notice is barred by limitation as they were under bona fide belief that capital goods credit can be availed on structural. He argued that on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as under:- However, as there is a possibility of interpretation involved as to what are the inputs to capital goods and as to their eligibility for taking credit in view of contradictory decisions by various judicial authorities, I hold imposing penalty under Rule 15(1) of the Cenvat Credit Rules, 2004 is sufficient. 3. Learned AR relied on the impugned order. He further relied on the dec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der Chapter 84 and, there is no dispute regarding use of the said goods within the factory of manufacture. The decisions cited by Revenue are in case where the inputs have been received classifiable under Chapter 72/73 of the Central Excise Tariff. The said chapters are not specifically included in the definition of capital goods. Moreover, I find that the Commissioner (Appeals) has, in his order, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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