9911796707
TMI Blog2010 (5) TMI 750X X X X Extracts X X X X X X X X Extracts X X X X ..... ef, as under. 1.1 The respondent are manufacturers of chemicals chargeable to Central Excise Duty under Chapter 29 of the Central Excise Tariff. They availed Cenvat credit of duty on various inputs or capital goods used for manufacture of finished goods. In course of audit of the Central Excise records during December 2005, it was found that they had taken Cenvat credit amounting to Rs. 4,34,023 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cause notice dated 5th May 2006 was issued to the respondent for denying Cenvat credit amounting to Rs. 4,34,023/- in respect of Parallel Flange Beams and also for recovery of the amount of wrongly taken Cenvat credit alongwith interest and imposition of penalty on them. The show cause notice was adjudicated by the Assistant Commissioner vide order-in-original dated 21st February 2007 by which the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect of this appeal. 2. The respondent vide their letter dated 3 March 2010 informed that they are not in a position to appear for personal hearing and the appeal may be decided on merits taken into account their the plea made by their memorandum of cross objection. Today, none appeared for the respondent and in view of their letter dated 3rd March 2010 it was decided to take up this appeal for d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion and have perused the records. The only point of dispute in this case is as to whether the Parallel Flange Beams falling under Chapter 72 of the Central Excise Tariff are eligible for Cenvat credit as capital goods or as inputs. Since these are not covered by the definition of capital goods nor the same have to be claimed as part or accessory of any machinery, the same are not covered by the de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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