2016 (11) TMI 922

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..... ital goods under the Cenvat Credit Rules. The appellants were undisputedly entitled to the credit, however the category could have been either “inputs” or “capital goods’. They have paid the interest on the part of credit availed earlier. In these circumstances, I find that there is no justification for imposing any penalty. The appeal is allowed. - APPEAL No. E/1373/11 - Order No. A/86735/16/SMB .....

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..... nputs and not capital goods. Aggrieved by the said order, the appellants are in appeal before this Tribunal. 2. The learned Counsel for the appellant argued that there are malafide on their part. The items on which the credit taken are consumables and bonafide belief that the some are inputs. 3. The learned DR relies on the impugned order. 4. I have gone through the rival submissions. I f .....

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