TMI Blog2021 (9) TMI 695X X X X Extracts X X X X X X X X Extracts X X X X ..... factually incorrect basis as the correct chapter heading of imported Box Strapping Machine is under heading 84229090. Since this is correct Chapter heading, imported Box Strapping Machine clearly fall under the definition of capital goods which covers the goods under chapter 84 as capital goods - the goods whether used for the manufacture of final product or lying in the factory of the assessee, Cenvat credit on capital goods is admissible. Moreover, the appellant have cleared the imported Box Strapping Machine as such on payment of excise duty which is equivalent to the Cenvat credit availed thereon. For this reason also, no demand can be raised as the appellant is eligible for Cenvat on capital goods cleared as such, in terms of Rule 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o Cenvat credit. Accordingly, Cenvat credit was denied. Since the said Cenvat credit was utilized for payment of duty on clearance of the said Box Strapping Machines, demand of excise duty invoking Section 11D was also confirmed. Appellant being aggrieved against order-in-original filed appeal before learned Commissioner (Appeals) who upheld the order-in-original therefore, the appellant is before me. 3. Shri Kuntal Parikh, learned Counsel appearing on behalf of the appellant submits that the entire case was decided on the premise that the imported Strapping Machine is falling under Chapter 39 whereas he referred to the bills of entry wherein the imported Box Strapping Machines are falling under Chapter 84. He submits that since the enti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I further notice that lower authorities contended that the capital goods should be used in the manufacture of final product. I find that there is no such condition in the definition of capital goods. The goods to fall under statutory definition of capital goods only requirement is it falls under Chapter heading 84 and used in the factory of the assessee. Therefore, the goods whether used for the manufacture of final product or lying in the factory of the assessee, Cenvat credit on capital goods is admissible. 6. Therefore, in my considered view, the appellant is entitled for Cenvat credit as capital goods on imported Box Strapping Machine. Moreover, the appellant have cleared the imported Box Strapping Machine as such on payment of exci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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