2008 (12) TMI 534

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....asad, SDR, for the Respondent. [Order]. -  The demand for Rs. 5,59,963/- being excess amount of Cenvat credit availed on capital goods with equal amount of penalty and interest as applicable has been confirmed against the appellants on the ground that 'engraved printing cylinders' falling under Chapter 84 obtained by the appellants should have been treated as capital goods whereas the a....

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....mits that the printing cylinder is a consumable and it is useful only for a particular product and for a particular number of runs. Therefore it cannot be said to be a part of machinery even though it falls under Chapter 84. Therefore he submits that on the basis of the above two contentions viz. defacement of invoice and their argument that the cylinder is a consumable, the appellants had a bona ....

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....nded period is invocable. He submits that the appellants were clearly aware that cylinders were capital goods falling under Chapter 84 and hence invocation of misdeclaration/suppression cannot be faulted. 3. After considering rival submissions, I agree with the ld. Advocate for the appellants that extended period could not have been invoked in this case in view of the defacement of the inv....