9911796707
TMI Blog2011 (1) TMI 249X X X X Extracts X X X X X X X X Extracts X X X X ..... ken credit as capital goods - demand of duty and penalty- SDR submits that the impugned items cannot be considered as capital goods and credit will not be admissible in the light of the decision of the Larger Bench of the Tribunal in the case of Vandana Global Ltd. vs. CCE,[2010 -TMI - 76147 - CESTAT, NEW DELHI (LB)] - no justification for imposition of penalty, set aside - appeal allowed by way o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ods and proposing to demand of duty of Rs.1,59,942/- by disallowing the credit and proposing penalty. The original authority confirmed the demand of duty alongwith interest and imposed penalty. The Commissioner (Appeals) set aside the order of the original authority. 4. Learned SDR reiterating the grounds of appeal submits that the impugned items cannot be considered as capital goods and credit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have to be to be considered by the original authority in the light of the decision of the Larger Bench of the Tribunal in the case of Vandana Global Ltd. cited supra. 5. Learned Consultant for the respondents submits that the items cannot be straightaway called as capital goods. Referring to the definition of the inputs, he submits that the same includes the goods used in the manufacture of cap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fter granting a reasonable opportunity of hearing to the assessee. 8. The original authority shall determine the eligibility to credit on the different items after taking into account the specific use and claim of the respondents. 9. However, in the facts and circumstances of the case, there is no justification for imposition of penalty and the same is set aside. 10. The appeal is allowed by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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