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TMI Blog2011 (2) TMI 415X X X X Extracts X X X X X X X X Extracts X X X X ..... g that the such items could not be treated as capital goods and consequently proposing demand of duty by disallowing the credit and proposing imposition of penalty was issued - the components have been used for fabricating goods falling under Chapter 84. In view of the above, the order of the Commissioner (Appeals) in allowing credit treating the said EPS panel as covered by the extended meaning g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... items could not be treated as capital goods and consequently proposing demand of duty by disallowing the credit and proposing imposition of penalty was issued. The original authority vide order dated 5-11-2009 confirmed the demand of Rs. 3,45,408/- alongwith interest and imposed equal amount of penalty under Section 11AC of Central Excise Act, 1944 read with Rule 15(2) of the CENVAT Credit Rules, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter 82, 84, 85, 90 In their case, finally fabricated cold storage plant falls under Chapter 84. The impugned items, no doubt, stands classified under Chapter sub-heading 9406 00 99. These are basically components for the manufacture of cold storage plant which falls under Chapter 84. These are covered under the term capital goods by the extended part of definition according to which the capi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d pipes and fittings thereof; and (vii) storage tank, used - (1) in the factory of the manufacturer of the final products, but does not include any equipment or appliance used in an office; or (2) for providing output service; 6.2 By treating components, spares and accessories of the goods specified at (i) (ii) above as capital goods, the meaning given to the term capital ..... X X X X Extracts X X X X X X X X Extracts X X X X
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