2011 (7) TMI 604

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.... that arise for consideration are that the appellant company in Appeal No. E/710/2005 had procured imported capital goods for installation in their plant. The said import of the capital goods took place in the month of December, 2002 while the appellant took the 50% credit of CVD paid on such capital goods on 30.8.2003, i.e. after 8 months from the importation of the goods. Allegation in the show cause notice is that the appellant having taken the Cenvat credit has not put to use the said imported capital goods and few parts of the capital goods were missing from the said capital goods, as such, the appellant is required to reverse the amount of Cenvat credit taken by them. A Show cause notice was issued demanding the same. The appellants c....

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....the penalties imposed are correct. 5. We have considered the submissions made at length by both sides and perused the records. 6. The undisputed facts are that the capital goods which were imported, were received in the factory premises of appellant assessee company. The appellant had discharged the customs duty and CVD payable on such imported capital goods.The appellant assessee company having received the capital goods in the factory premises were eligible to avail Cenvat credit of 50% of duty paid on such capital goods as per the provisions of Rule 4(2)(a) of Cenvat Credit Rules, 2002. 7. It is also undisputed that said capital goods are found in the factory premises as on date of issuance of show cause notice and that only few....