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TMI Blog2009 (7) TMI 1111X X X X Extracts X X X X X X X X Extracts X X X X ..... ions are directed for waiver of pre-deposit of the following amounts :- (i) Duty amount of Rs. 21,44,000/-. (ii) Penalty of Rs. 21,44,000/- under Section 11AC of the Central Excise Act, 1944. 2. Heard both the sides and perused the records. 3. The issue involved is regarding denial of Cenvat credit on capital goods purchased by the applicant, M/s. Sirigiri Plastic Industries. The applicant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oods were found lying also belonged to them and hence credit cannot be denied to them. They have relied upon the decision of the Tribunal in the case of Pooja Forge Ltd. v. CCE, Faridabad, reported in 2006 (196) E.L.T. 18 (Tribunal) = 2007 (8) S.T.R. 318 (Tri.-Del.) for this proposition. 5. On the other hand the learned SDR submits that the capital goods were found in the premises which were not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dutiable products. 6. We have considered the submissions made by both sides and perused the records. The issue involved is regarding eligibility of availment of Cenvat credit on capital goods. It is not in dispute that the said capital goods were not installed in the factory premises of the applicant. It is also not in dispute that the applicant had taken land on lease from M/s. S.K. Plastic In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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