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TMI Blog2012 (5) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the same is not covered under the definition of capital goods. Further, we find that the wagons cannot be considered as components, spares and accessories of the specified goods. In view of this, we find that the applicant has not made out a case for waiver of duty no financial hardship is pleaded during the arguments - Decided against the assessee - E/734/2011-Mum - S/631/2012/EB/C-II - Dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ground that the wagons are classifiable Chapter 86 of the Central Excise Tariff, which is not covered under the definition of capital goods under the provisions of Rule 2(a) of Cenvat Credit Rules, 2004 are denied the credit. 4. The contention of applicant is that wagons are used for procurement of raw material therefore the same is material handling equipment. Hence, the credit cannot be denie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rts thereof falling under heading 6804] of the First Schedule to the Excise Tariff Act; (ii) pollution control equipment; (iii) components, spares and accessories of the goods specified at (i) and (ii); (iv) moulds and dies, jigs and fixtures; (v) refractories and refractory materials; (vi) tubes and pipes and fittings thereof and storage tanks used (1) in the factory ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts. Taking into facts and circumstances of the case and the interest of Revenue as provided under section 35 of the Central Excise Act, the applicants are directed to deposit whole of the duty amount i.e Rs.1,09,36,128/- within a period of eight weeks. On deposit of the above mention amount, the pre-deposit of interest and penalties are waived for hearing of the appeal. Compliance is to be reporte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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