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TMI Blog2019 (7) TMI 1806X X X X Extracts X X X X X X X X Extracts X X X X ..... (AR) for the Respondent(s) ORDER The facts of the case in brief are that the appellant is engaged in the manufacture of sponge iron classifiable under Chapter 72 of the Central Excise Tariff Act, 1985 and is thus registered with the Central Excise Department. During the course of verification of the books of accounts of the Appellant for the period, 2011-12 to 2012-13, it was alleged that the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce, the present appeal before the Tribunal. 3. The Ld. Advocate appearing on behalf of the appellant, submits that the said goods on which input is being denied to the Appellants are used in or in relation to the manufacture of the final products and hence they are entitled to credit either as input or as capital goods. The Appellant has taken the credit as inputs instead of the same being class ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... D.R. appearing on behalf of the Revenue, justified the impugned order. 5. Heard both sides and perused the appeal records. 6. I find that the present issue involved in this appeal is no more res-integra in view of the Tribunal's decision in the case of Facor Alloys Ltd (supra) wherein it was held as under : - "6. The definition of capital goods includes spares/components/ accessories of capita ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for releasing of the casted metal after solidification. CI plate is made with cast iron material and it forms part of the metal casting pan Metal casting pan falling under Chapter 8454 20 10 Rubber goods Rubber goods like rubber hoses, Membranes are used for water circulation to the furnace parts and these rubber goods form part of the electrode holder assembly. Electrode holder assembly falli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e proceedings. Although the department filed appeal against such order before the Commissioner (Appeals), the same was dismissed vide Order-in-Appeal dated 7-3-2011." 7. I find that the facts of the present case are squarely covered by the aforesaid decision of the Tribunal. 8. In view of the above discussions, the impugned orders are set aside and the appeal filed by the appellant is allo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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