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TMI Blog2013 (12) TMI 1486X X X X Extracts X X X X X X X X Extracts X X X X ..... ent. ORDER This is an application seeking waiver of pre-deposit of Cenvat credit of ₹ 45,53,93,923/- and equal amount of penalty imposed under Rule 15 of the Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944. 2. At the outset, ld. Advocate for the Applicant submits that during the relevant period from February, 2007 to March, 2010, they had availed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lso submits that in other Commissionerates, the said Cathode and Anode have been treated as Inputs and accordingly, Cenvat credit is allowed. He also submits that in any case, the demand is barred by limitation, as no facts were suppressed from the knowledge of the Department nor any misdeclaration was made. He has referred to the judgment of this Tribunal in the case CCE, Nagpur v. Ballarpur In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Rule 3(5A) of the Cenvat Credit Rules, 2004, in the respective invoices. It is his submission that even if inputs after continuous use, become unutilizable, the same could be cleared as scrap on payment of duty. Therefore, the remnant inputs namely, cathode and anode were cleared on its transaction value, discharging appropriate duty. 5. Heard both sides and perused the records. The issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pital goods under Rule 2(a) and inputs under Rule 2(k) of the Central Excise Rules, 1944, that all goods could be treated as inputs , but the definition of capital goods is restricted to the items specified therein, and its usage. So, whether cathode and anode would fall under the scope of capital goods as defined, or not, is a debatable one. Prima facie, keeping in mind the precedent deci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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