TMI Blog2016 (1) TMI 1167X X X X Extracts X X X X X X X X Extracts X X X X ..... of capital goods/accessories/ parts/components - Held that: - A Chartered Engineer’s Certificate though produced before both the authorities has not been considered at all. The said expert has given details regarding the manner and use of the impugned items. Further, the fact of purchase of these items and their receipt in factory is not disputed. Revenue does not have a case that such purchased i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t on MS items. 1.1 The appellants M/s. Suguna Metals (P) Ltd. are engaged in the manufacture of Steel Ingots/Billets and are availing Cenvat credit facility. During the course of verification of records, it was found that appellants had availed credit on MS plates, Channels, Joists, Beams, Angles, HR Coils, etc. as capital goods. A show cause notice was issued alleging wrong availment of credit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed reliance on the judgments laid in the case of Rajasthan Spinning and Weaving Mills Ltd. - 2010 (255) E.L.T. 481 (S.C.), India Cements case - 2015 (321) E.L.T. 209 (Mad.) and SLR Steels Ltd. - 2012 (280) E.L.T. 176 (Kar.) and argued that the appellant is eligible for credit. He also submitted that the demand is barred by limitation. 3. Per Contra, the learned AR supported the findings of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... though produced before both the authorities has not been considered at all. The said expert has given details regarding the manner and use of the impugned items. Further, the fact of purchase of these items and their receipt in factory is not disputed. Revenue does not have a case that such purchased items were diverted by the appellant in any manner. On such score, I am able to safely infer basi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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