2005 (10) TMI 146

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..... enalty of like sum. They had received dismantled (scrap-ped) overhead cranes of 10 tonne capacity of 2 Nos., on which duty had been paid by the supplier viz., M/s. MICO Limited. M/s. MICO Ltd., had purchased a new crane and dismantled this new crane as a scrap one. The appellant found it to be in working condition and therefore purchased the same for use in their factory as capital goods. They wer .....

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..... nefit, as held by the Tribunal in the case of CCE v. M/s. Area Petrochem reported in 2004 (63) RLT 899 (T.); CCE v. M/s. Taj Forgings and Stamping reported in 1995 (79) E.L.T. 168 (T.) and M/s. Steelage Industries Ltd. v. CCE reported in 2002 (149) E.L.T. 1366 (T.). He submits that the Chartered Engineer's certificate establishes the fact that the crane was assembled and installed in the appellant .....

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..... been assembled and has been put to use as capital goods This fact is sufficient for grant of credit to the extent of duty paid by the seller. In view of this position, the stay application is allowed granting full wavier of pre-deposit of duty and penalty and staying its recovery till the disposal of the appeal. As the issue is prima facie covered, the matter can be heard out of turn. The matter t .....

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