2008 (9) TMI 750

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..... heal, Jt. CDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. -  Commissioner of Central Excise, Ahmedabad vide his impugned order has confirmed demand of duty of Rs. 1,31,44,723/- by disallowing the Cenvat credit of duty paid on the inputs, which were used during trial runs of the new machineries. In addition, penalty of identical amount stands imposed upon the appellant. 2 .....

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..... als. In any case, we find favour with the appellant's contention that even though the said raw materials were capitalized in the balance sheet for the purposes of income tax, the same would still remain as inputs and cannot be considered to be capital goods for the purposes of Central Excise law inasmuch as the same are admittedly not covered by the definition of capital goods. We also note that t .....

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