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TMI Blog2017 (1) TMI 534X X X X Extracts X X X X X X X X Extracts X X X X ..... ission advance by the Appellant that they are engaged in the manufacture of both dutiable as well as exempted products during the relevant period. No reason found to deny them balance 50% credit availed in April 2008, when the capital goods received in the year 2007, and the Department has not disputed admissibility of credit on said invoices in allowing the first installment of 50% credit in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vailed on the capital goods alleging that the said credit on the capital goods is not admissible being exclusively used in the manufacture of exempted final product viz. urea. On adjudication, the demand was confirmed with equal amount of penalty imposed under Rule 15(2) of CENVAT Credit Rules 2004 read with Section 11AC of Central Excise Act, 1944. Aggrieved by the said order, the Appellant fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2008, alleging that since they are engaged in the manufacture of urea, therefore, CENVAT Credit availed on such capital goods being exclusively used in the manufacture of exempted products, therefore, not eligible to credit. He submits that the Show Cause Notice and the findings of the authorities below are based on a wrong basis. It has been assumed that the capital goods were received in Apr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bench decision in the case of Spenta International Ltd Vs CCE, Thane 2007 (216) ELT 133 (Tri-LB). 5. Heard both sides and perused the records. From the evidences produced by the Appellant, I find that they have availed CENVAT Credit on pumps, parts and other parts of control system against two invoices in the year 2007 and availed 50% of the total credit on such parts in the same Financial y ..... X X X X Extracts X X X X X X X X Extracts X X X X
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