2004 (7) TMI 520

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....espondent. [Order (Oral)]. -  For the purpose of hearing these appeals, the appellants are required to pre-deposit duty of Rs. 27,224/- and a penalty of Rs. 10,000/- in appeal No. E/751/04 and duty of Rs. 25,539/- and a penalty of Rs. 10,000/- in appeal No. E/752/04. 2. The learned Consultant appearing for the appellants submitted that the issue involved in both these appeals are comm....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....lates is that the capital goods on which credit has been taken should be in the possession and use of the manufacturer of the appellants. In the present case also the goods remained in the use and possession of the manufacturer as the goods have been cleared only to their own units and not to outsiders and hence it has to be taken that the capital goods were in the possession and use of the manufa....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....have cleared the same to their other units. Hence they are not eligible to the 50% credit taken during the subsequent financial year. She therefore, prayed that the appellants may be put to terms. 4. I have considered the submissions made before me. The question is that when the capital goods have been transferred to their own unit whether the assessee-appellants (manufacturer) can be said t....