2009 (7) TMI 1111

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..... SDR, for the Respondent. ORDER These two stay petitions 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 .....

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..... tion of the applicant that the place where the goods 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 .....

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..... were not put to use for the manufacture of the 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 .....

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