2009 (8) TMI 1042

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....DR, for the Respondent. ORDER This appeal is arising out of the order wherein the Cenvat credit availed by the appellant as input was dis-allowed confirming the goods as capital goods. 2.1 The appellant is engaged in the manufacture of Cast Iron Casting of Cylinder Blocks for 2 wheelers as well as finished (Machined) Cylinder Blocks from such casting. 2.2 A show cause notice ....

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....ual amount of penalty. 2.5 Aggrieved from the same the appellant filed an appeal before the Commissioner (Appeals), who confirmed the demand but reduced the penalty to Rs. 10,000/-. 2.6 Appellant again aggrieved from the same is before me. 3.1 Ms. Aparna Hirandaji, learned Advocate for the appellant submits that the appellant is engaged in the manufacture of Cast Iron Casti....

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....n. Mfg. Works v. Commissioner of C. Ex., Kanpur [2002 (147) E.L.T. 331 (Tri.-Del.)] wherein the Tribunal held that Ceramic crucibles, used for melting metals at high temperatures are consumables directly used in the manufacture of final products and Upper India Steel Mfg. & Engg. Co. Ltd. v. Commissioner of Central Excise, Chandigarh [1996 (87) E.L.T. 97 (Tribunal)] herein also the Tribunal held "....