2011 (2) TMI 43

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....ar, JCDR for the revenue.   Per Shri S. S. Kang (Oral)   Heard both sides. Applicant filed this application for waiver of pre-deposit of duty of Rs.2,05,38,886/-, interest and penalty of Rs. one lakh. The demand is confirmed after denying the credit in respect of inputs used in the fabrication of capital goods. The items in question are like HR plates. The credit was denied on the ....

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.... in relation to the manufacture of excisable goods. Hence, capital goods defined in the Cenvat Credit Rules in the context of providing credit of duty paid, have to be excisable goods. Whether a particular plant or structure embedded to earth can be considered as excisable goods or not has to be determined in the light of the decisions of the Hon ble Supreme Court on the issue, which is no longer ....