2013 (11) TMI 382

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..... been filed by M/s Mahalaxmi Crafts and Tissues Pvt. Ltd. seeking waiver of pre-deposit and stay of recovery of amount of Rs.4,32,533/- and equal amount of penalty confirmed by the lower authority. 2. The issue involved in the present appeal is that the appellant have availed the Cenvat credit of the Central Excise duty paid on angle, sheet, section, flat and bar etc. treating the goods as capita .....

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..... r the Cenvat credit. 4. Ld. D.R. appearing for the Revenue submits that the goods in question viz. angle, sheet, section, flat and bar is no way considered as capital goods and it was wrong on the part of the appellant to avail the Cenvat credit treating the goods as capital goods. He submits that both the lower authorities have rightly denied the Cenvat credit to the appellant. 5. After hearing .....

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