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TMI Blog2018 (4) TMI 212X X X X Extracts X X X X X X X X Extracts X X X X ..... ade payment of duty and has shown the availment of credit in the relevant returns and CENVAT records maintained by them - penalty set aside - appeal allowed - decided in favor of appellant. - Appeal(s) Involved: E/21632/2017-SM - Final Order No. 20058 / 2018 - Dated:- 16-1-2018 - SHRI S.S GARG, JUDICIAL MEMBER Shri G. Venugopal, Advocate Swamy Associates, For The Appellant Shri Pak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Internal Audit Party of the Department, it was found that the assessee had availed CENVAT credit on items such as MS angles, plates, channels, beams, base plates, foundation bolts etc. treating them as capital goods under Rule 2(a) of the CENVAT Credit Rules, 2004 (CCR). It appeared that the assessee had availed credit on ineligible capital goods since they did not fall within the definition of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... res and accessories of the capital goods which constitute part of the sugar manufacturing plant and machinery. He further submitted that CENVAT credit on these items have been allowed by various decisions of the Tribunal and High Courts. He also submitted that appellants have already reversed the total amount of ₹ 20, 14,237/- immediately on being pointed out by the audit (i.e. prior to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th sides and the entire issue was debatable and subject to interpretation and therefore imposition of penalty is not sustainable. He also submitted that the fact of availment of credit on the impugned capital goods was shown in the relevant returns and CENVAT records maintained by them. 5. On the other hand, learned AR reiterated the findings of the impugned order. 6. After considering th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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