2010 (11) TMI 160

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..... e was issued alleging taking of credit as capital goods was not justified - Held that: the decision in the case of Banco Products (India) Ltd. relating to Plastic crates, prima facie, cannot be extended to a truck which is used for moment of goods within the factory - The claim that the truck used in such a situation should be treated as inputs is also, prima facie, not acceptable - Hence, the a .....

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..... icant submits that the truck has been used within the factory of production of sponge iron for essential operation of moving the materials within the factory. Under the given circumstances, the truck should be treated as inputs in relation to their final products namely, sponge iron. She relies on the decision of Larger Bench of the Tribunal in the case of Banco Products (India) Ltd. v. CCE, Vadod .....

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..... t the truck used in such a situation should be treated as inputs is also, prima facie, not acceptable. In view of the above, the applicant is directed to deposit the entire amount of duty within four weeks from today and to report compliance on 5-1-2011. Subject to deposit of the same, I waive the requirement of pre-deposit of interest and penalty till disposal of the appeal. - - TaxTMI - TMITa .....

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