2009 (7) TMI 1034

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.... ORDER The facts giving rise to this appeal are in brief as under : The Appellant in Sept., 2000 installed an induction furnace of 1.5 M.T. capacity in their factory at Village Kirpalpur, Nalagarh, Distt. Solan. At that time total Cenvat credit amounting to Rs. 4,72,032/- was taken in respect of various components of the induction furnace namely Transformer, Panel and Crucibles received by ....

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....ods. It is on this basis that the demand of Cenvat credit amounting to Rs. 4,08,032/- along with interest was made against the Appellant in addition to imposition of penalty under Section 11AC. The Asstt. Commissioner vide order-in-original dated 27-12-06 confirmed the Cenvat credit demand along with interest and imposed penalty of equal amount under Section 11AC read with Rule 15 of Cenvat Credit....

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....ld machinery had suddenly become unusable and unfit for use; that the old furnace and its part which were sold to M/s. Rajasthan Engineering Works, Rajgarh as old and unusable capital goods i.e. as scrap were, in fact, usable capital goods and hence the Deptt. has rightly demanded the reversal of the Cenvat credit originally taken. 3. I have carefully considered the submissions of ld. DR and ha....

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....t equal to such credit should have been paid in accordance to the provision of Rule 3(5). Thus, the only point of dispute is as to whether the capital goods sold by the Appellant were unusable and scrap or the same were usable as capital goods. Only ground on which the Deptt. has arrived at the conclusion that the goods were usable as capital goods is that the same were being used in the factory o....