2007 (10) TMI 503

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.... Shri T.K. Govind, Jt. CDR, for the Respondent. [Order]. - This appeal is directed against the Order-in-Appeal No. BR/98/Th-II/2005 dated 29-4-2004. 2. Considered the submissions made by both sides and perused the records. 3. The issue involved in this appeal is regarding the eligibility of credit on the capital goods, received by the appellants in his factory premises, when ....

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....Tri.) had clearly held that penalty cannot be imposed on the appellant, specifically at para 7, ld. Member (J) has clearly held that there are two possible views as regards the availment of Cenvat credit on the capital goods if on the date of receipt of capital goods the final goods are exempted. It is also seen that the Member (J) has clearly held that no penalty can be imposed. Since it has been....

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....the returns for the relevant period could have indicated the availment of credit on such capital goods. It is seen that the show cause notice dated 9-6-2004 received by the appellants on 10-6-2004 is within time as the quarterly returns for the period has to be submitted by 7th July 2003. As regards the applicability of interest, provisions of Section 11AB were amended on 14-5-2001 to incorporate ....