9911796707
TMI Blog2007 (8) TMI 564X X X X Extracts X X X X X X X X Extracts X X X X ..... rder]. The application filed by M/s. Sambandam Siva Textiles (P) Ltd., (hereinafter SSTPL) seeks waiver of pre-deposit of duty and stay of recovery of Rs. 2,29,290/-, being irregularly used Cenvat credit and interest thereon and also a penalty of equal amount imposed on the appellants under Section 11AC of the Central Excise Act, 1944. The impugned order affirmed disallowing of credit of Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2004. The lower authorities have disallowed the capital goods credit on the Autoconer on the ground that the same was used exclusively in the manufacture of exempted final products. The appellants had discharged the duty for the first fortnight of July 04 utilizing the credit of Rs. 2,29,290/- from the credit accrued on receipt of the autoconer received in the factory . 3. The ld. Consultant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he capital goods in the factory of the assessee. It was also submitted that credit could not be denied on the ground that the appellant did not clear any dutiable product and there was no time limit for utilizing the credit taken on the capital goods. In this regard, the decisions of the Tribunal in Kailash Auto Builders Ltd. v. CCE reported in 2002 (140) E.L.T. 148 (Tri.-Bang.) and in Arvind Mill ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tarted availing exemption on the final products cleared by them with effect from 9-7-2004 should not be a reason to disallow the credit the appellants had earned on 6-7-2004 on receipt of the capital goods. The case laws cited by the ld. Consultant amply support their claim that credit could not be denied for the reason that the appellant did not clear any dutiable product and that there was no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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