9911796707
TMI Blog2013 (10) TMI 1319X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 29/2004 is misdirected, inasmuch as, it is on records that the appellant has availed the Cenvat credit of all the items of capital goods. It is also on record that appellant has taken credit of 50% of the Central Excise duty in the first year and balance 50% in the second year. We find that the Cenvat credit availed by the appellant on the said capital goods or the consumables which are used i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terest thereof and equivalent amount of penalty. 2. Heard both sides and perused the records. 3. On perusal of the records, we find that the issue involved in this case is regarding the ineligibility of availing Cenvat credit on the parts of capital goods. It is undisputed that the said capital goods are used for manufacturing of dutiable as well as exempted goods and the appellant being man ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he issue is totally confused. Accordingly, we allow the application for the waiver of pre-deposit of the amounts involved and take up the appeal itself for disposal. 5. On perusal of the records, we find that the appellant has availed Cenvat credit of the Central Excise duty paid on items like measuring instruments, ball bearings, belts, valves, ceramic dyes, fuse, electric motors etc. are part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xcise duty in the first year and balance 50% in the second year. We find that the Cenvat credit availed by the appellant on the said capital goods or the consumables which are used in the capital goods, are eligible. The entire case of the Revenue is totally on the wrong footings, inasmuch as the capital goods which were put to use by the appellant were for the manufacturing of the same product wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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