2012 (2) TMI 311

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.... John:   The appellants are manufacturers of excisable goods. According to the Counsel for the Appellants, the Revenue has demanded that credit should be reversed on the packing materials in which capital goods were received in their factory. For this, Revenue is relying on sub-rule (5A) of Rule 3 of Cenvat Credit Rules, 2004.   2. The AR for the Appellants submits that a similar case ....

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....des. I am not in agreement with the view that sub-rule (5A) of Rule 3 of Cenvat Credit Rules 2004 will apply to a case where packing materials are cleared. It is very clear from the rule that the rule applies to capital goods only. Packing material cannot be considered as capital goods even if it was used for packing capital goods. I find that this case is fit for wavier of requirement of pre-depo....