9911796707
TMI Blog2012 (6) TMI 123X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellants were filing necessary returns showing taking of credit and utilizing the same for payment of duty during the period in question - set aside the demand and the consequential penalty as time-barred - in favour of assessee. - E/299/04 - - - Dated:- 9-4-2012 - Mr.S.S. Kang, Mr. Sahab Singh, JJ. For Appellant: Mr. Vishal Agarwal, Advocate For Respondent: Mr. Navneet, Addition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant availed the credit on the items in dispute as capital goods and filed monthly return. Proceedings were also initiated by issuing a Show Cause Notice dated 18.8.1995 denying the credit on these items on the ground that credit has been availed without duty paying documents. The appellant produced the relevant documents and credit were regularized. The adjudicating authority only imposed a pen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent to evade payment of duty. The Revenue also submitted that the Larger Bench of the Tribunal in the case of Vandana Global Ltd vs CCE, Raipur 2010 (253) ELT 440 (Tri-LB) held that angle, beams, channels, CTD bars etc are not entitled for credit as capital goods. Revenue also relies upon the decision of the Honble Supreme Court in the case of Saraswati Sugar Mills Ltd vs CCE reported in 2011 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allenged the order passed by the Tribunal before the Honble Bombay High Court and the Honble Bombay High Court vide order dated 19.7.2007 dismissed the appeal filed by the Revenue. In these circumstances, we find merit in the contention of the appellant that the allegation of suppression with intent to evade payment of duty is not sustainable. We set aside the demand and the consequential pena ..... X X X X Extracts X X X X X X X X Extracts X X X X
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