2012 (5) TMI 535

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....urthy: The assessees are engaged in the manufacture of Transformer and Parts thereof falling under Chapter 84 of the Central Excise Tariff Act, 1985. They are also availing benefit of the Cenvat Credit under Cenvat Credit Rules, 2004. They wrongly availed cenvat credit amounting to Rs. 3,34,479/- on capital goods viz. storage rack falling under Chapter 72/73 whereas these goods are not specifie....

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.... the Larger Bench in the case of Banco Products (India) Limited - 2009 (235) ELT 636 (Tri. LB) and Sonal Engineering Pvt Limited - 2010 (253) ELT 806 (Tri. Mumbai). 3. Learned AR would reiterate the submissions in the memo of appeal to submit that plastic racks cannot be treated as capital goods. However, I find that the decision of the Larger Bench is squarely applicable to the facts of this c....