2012 (10) TMI 548

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....urando, Dy. Commissioner, for the Respondent. [Order]. -  The appellant, M/s. Thermax Limited filed this appeal against the impugned order for directing them to pay excess credit availed on capital goods along with interest and penalty. 2. After hearing both sides at length, I find that the appeal itself can be disposed of at this stage. Therefore after waiving the requirement o....

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....dicated and demand has been confirmed along with interest and equal amount of penalty. The same was challenged before the Commissioner (Appeals), who also confirmed the Order-in-Original. Therefore the appellants are before me by way of this appeal. 4. On behalf of the appellant it is contended that Rule 4 deals with availment of Cenvat credit on capital goods as per Rule 4(2)(a) Cenvat cr....

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....d on behalf of the Revenue and submitted that it is not disputed that the impugned goods falls under heading 6805 & 6804 of the First Schedule to the Excise Tariff Act as capital goods, the Cenvat credit is available in this goods as capital goods. The appellant has shown the goods as capital goods in their records, therefore they are not entitled to claim 100% credit on these capital goods. 6.....

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....t service in such subsequent years." As per the said provision of Rule 4(2)(b) of the CCR, 2004 and assessee is entitled to 100% of Cenvat credit in the year in which the capital goods, which are under heading 6804 of the First Schedule of the Excise Tariff Act. It is no doubt that the appellant has taken Cenvat credit only on those goods which are falling under heading 6804 of the First Schedu....