2013 (11) TMI 1140

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.... Stay application has been filed by M/s Savitri Concast Ltd. seeking waiver of pre-deposit and stay of recovery of Cenvat Credit amounting to Rs. 4,55,595/- and equal amount of penalty imposed by original authority and confirmed by the Commissioner (Appeal). 2. Ld. Advocate appearing for the appellant submits, that they had availed Cenvat Credit of duty, on old & used plates, HSD Steel Bar, Bea....

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....er hearing both sides, we find that the assessee availed Cenvat Credit on duty paid on old & used plates, HSD Steel Bar, Beam M.S. Angle etc. treating the same as Capital Goods. In the Order in Original and Order in Appeal it is stated that these inputs were neither used as capital goods nor used for manufacture of final products but were used for laying of foundation or making of structures for s....