2014 (7) TMI 267

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....n the definition of capital goods even though credit was taken initially treating the same as capital goods. When the proceedings were initiated by the Revenue proposing to deny the Cenvat credit on the ground that these items are not covered by the definition, appellants made an alternative submission that the same may be treated as inputs and credit may be allowed. This also was denied. Hence the appeal. 2. The total amount involved in this case is Rs. 2,84,036/- and the credit was availed during the period 1-8-2009 to 19-5-2010. Show cause notice has been issued within one year and there is no limitation issued involved in this case. 3. Heard both sides. 4. The credit has been denied on the ground that the appella....

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....s in the form of bill of materials issued to workshop or for fabrication and further issue of the finished item for production, etc., have been maintained. It is his submission that the statement given by them which was enclosed as Annexure I to the show cause notice clearly indicates the quantity purchased by them and utilized by them and for what purpose the same has been utilized. I find that this to be so. In the Annexure I itself, it is clearly indicated that quantum of item used and for what purpose. There is also a clear observation by the Commissioner (Appeals) as well as the Chartered Engineer that items like tundish, buffels, former sheets, gasification plant are actually utilized in the manufacturing process by the appellant and ....