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of <h1>Tribunal grants credit on capital goods despite technical breach, waives penalty</h1> <h3>IFCA BOTTLING CO. LTD. Versus COMMISSIONER OF CENTRAL EXCISE, JAMMU</h3> IFCA BOTTLING CO. LTD. Versus COMMISSIONER OF CENTRAL EXCISE, JAMMU - 2009 (246) E.L.T. 583 (Tri. - Del.) The Appellate Tribunal CESTAT, New Delhi heard a case where the applicants, engaged in manufacturing pet bottles, were accused of availing credit on capital goods under the name of another company, Hindustan Coca Cola Beverages Ltd., leading to a contravention of Cenvat Credit Rules. The original authority dropped the duty demand, but the Commissioner (Appeals) upheld it and imposed a penalty. Upon review, the Tribunal found that the applicants were eligible for credit, and the contravention was technical. As a result, the requirement of pre-deposit of duty and penalty was waived until the appeal was resolved. The stay application was granted. The case was represented by Ms. Shrin Khajuria, Advocate, for the Appellant, and Shri Virender Chaudhary, SDR, for the Respondent. The order was per P.K. Das, Member (J). The judgement was delivered by S/Shri M. Veeraiyan and P.K. Das, JJ. The decision was dictated and pronounced in Open Court.
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