2005 (4) TMI 511

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..... Shri Sanjay Singhal, JDR, for the Respondent. [Order per : Moheb Ali M., Member (T)]. These stay applications arise out of the order of the Commissioner of Central Excise Customs, Nashik, who in the impugned order disallowed credit taken on the capital goods, imposed penalties on the company and its Dy. Manager. The credit disallowed on this count is Rs. 60,85,274/-. Under Rule 4(2)(b .....

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..... tion is clear on the subject. The evidence indicates that when the balance credit of 50% was taken, the machine was not installed. The ld. Advocate s contention that the applicants have installed a part of the machinery (upto a value of Rs. 20 lakhs) and therefore are entitled to the credit to that extent has to be gone into when the appeal is taken up. However, we take this submission into consid .....

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