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TMI Blog2016 (2) TMI 1028X X X X Extracts X X X X X X X X Extracts X X X X ..... RDER The appellant is in appeal against the impugned order. 2. The facts of the case in brief are that during the period of 2006-2008, the appellant availed Cenvat credit of education cess paid and shown in the invoices and also availed Cenvat credit to the extent of 100% on capital goods. The appellant has also availed Cenvat credit on steel items like joints/angles/channels as capital goo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the invoices. Otherwise, the appellant is entitled to take Cenvat credit of the duty mentioned in the invoices therefore, the Cenvat credit taken on education cess cannot be denied. He further submits that on capital goods, although the appellant has reversed Cenvat credit along with interest but in subsequent year, they are entitled to take Cenvat credit on the capital goods. Therefore, Cenvat cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant has challenged the issues raised in the show cause notice. With regard to the denial of Cenvat credit by both the authorities below have observed that the appellant has conceded on the merits of the case with regard to entitlement to the Cenvat credit availed by the appellant. Both the authorities below agreed to impose penalty on the appellant by invoking extended period of limitati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Therefore, they are entitled to take Cenvat credit to the tune of 100% of the capital goods is at the most, the appellant is required to pay interest for intervening period. Further, I find that the appellant has availed Cenvat credit on joints/angles/channels as capital goods manufactured and used in acid tank therefore, they are entitled to avail Cenvat credit as per Rule 2(a) of the Cenvat Cr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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