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TMI Blog2014 (1) TMI 156X X X X Extracts X X X X X X X X Extracts X X X X ..... capital goods but its components /spares/accessories cannot be regarded as capital goods inasmuch as these items were not so specified in the legislative wisdom - the CENVAT register containing specific mention of rubber sheets and seals has been filed with the monthly returns but he fails to substantiate this claim – appellant is not able to establish prima facie case in their favour – appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ules, 2004 and hence denial of CENVAT credits on these items is not sustainable on facts or in law. As against denial of CENVAT credit of Rs.77,243/- for the period from December 2007 to February 2009, the appellant has also pleaded limitation. In this regard, their submission is that they had been filing periodical returns and the relevant CENVAT registers also therewith. The availment of CENVAT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion to the submissions, I have not found prima facie case for the appellant either on merits or on the ground of limitation. The submission of the appellant is that the rubber sheets were used as a protective lining for storage tanks and the rubber seals were used to make the tank leak-proof. For this reason, the rubber sheets and seals have to be considered as accessories to the storage tanks qua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cessories of the goods specified at (i) and (ii) are also capital goods. Storage tank is also a capital goods but its components /spares/accessories cannot be regarded as capital goods inasmuch as these items were not so specified in the legislative wisdom. The argument put forth by the learned counsel defies the legislative wisdom and cannot be accepted. The plea of limitation is equally unimpres ..... X X X X Extracts X X X X X X X X Extracts X X X X
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