TMI Blog2017 (11) TMI 650X X X X Extracts X X X X X X X X Extracts X X X X ..... 11 (8) TMI 399 - MADRAS HIGH COURT] - so far the other items used by the appellant, these have been used in the fabrication of machines required for manufacture of paper, which is an excisable product, credit allowed. Extended period of limitation - Held that: - there is no allegation of any mala fide and/or suppression of facts on the part of the appellant. Further, learned Commissioner (Appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... il, 2007 to March, 2008 that all these items were used either as general-purpose item or structural items. It was also observed by the Audit Party that none of these items conformed to the definition of capital goods. Accordingly, it appeared that the credit was not admissible and thus wrongly taken by the appellant. On directing the appellant to deposit the Cenvat Credit so availed they replied b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... includes the goods used in the manufacture of capital goods which are used in the factory of manufacture. However, the submissions of the appellant were not found acceptable and accordingly, it was proposed to recover the Cenvat Credit of ₹ 3,92,690/-. 3. The SCN was adjudicated on contest and the proposed demands confirmed with equal amount of penalty. 4. This is the second round of l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nalty. Being aggrieved the appellant preferred appeal before learned Commissioner (Appeals) who vide the impugned order having pleased to confirm the demand and setting aside the penalty observing that - the issue relates to the interpretation of statutory provisions. And accordingly, the penalty imposed was set aside. 6. Being aggrieved the appellant assessee before this Tribunal. Heard the pa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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