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Preciforge & Gears Versus Commissioner of Central Excise Pune-I

Interest on the 50% amount of the credit availed and also imposition of penalty for violation of rules - capital goods and not inputs - Held that: - I find that the disputed items are in the nature of consumables and there can be a doubt regarding the same being classified as inputs or capital 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 par .....

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e capital goods and therefore, the appellants are entitled to credit of 50% for the first year and balance 50% for the next year. The appellants were issued a show-cause notice seeking interest on the 50% amount of the credit availed and also imposition of penalty for violation of rules. The original adjudicating authority confirmed the notice. The Commissioner (Appeals) partly allowed the appeal, however confirmed the notice only in part holding that some items are inputs and not capital goods. .....

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