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TMI Blog2015 (10) TMI 2516X X X X Extracts X X X X X X X X Extracts X X X X ..... e Respondent : V.K. Shastri, Addl. Commissioner (AR) ORDER 1. The appellant assessee is in appeal against order-in-appeal dated 25-7-2014 passed by the Commissioner (Appeals I), Customs, Excise and Service Tax, Noida by which the Cenvat credit availed on inputs utilised in the fabrication of tools and dies have been denied. 2. The appellant is manufacturer of motor vehicle components and parts. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enied and recovered along with interest and further penalty was proposed. 3. The appellant contested the show cause notice by filing reply. It was also contended that extended period of limitation is not attracted as the appellants have disclosed regularly in the returns filed with the Revenue of the Cenvat credit availed. It is also contended that books of account were audited by internal audit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... extended period of limitation is attracted as the appellant never specifically disclosed the use of inputs in fabrication of capital goods. Further the appellant never specified the items for which they have availed the Cenvat credit. It was further held that making entries in the Fixed Assets Register, disclosing the fabrication of tools and dies in the balance sheet, etc., is not sufficient dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. Having considered the rival contentions I find that it is an admitted fact that the appellant have utilised the inputs in question falling under Chapter 72 of the CET Act in the fabrication of tools and dies which have been further utilised in the main factory for manufacture of goods which have been cleared on payment of duty. Further I find that moulds and dies, have been defined as capital ..... X X X X Extracts X X X X X X X X Extracts X X X X
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