2013 (12) TMI 1486

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....vocate, for the Appellant. Shri S. Misra, Addl. Commissioner (AR), for the Respondent. ORDER This is an application seeking waiver of pre-deposit of Cenvat credit of Rs. 45,53,93,923/- and equal amount of penalty imposed under Rule 15 of the Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944. 2. At the outset, ld. Advocate for the Applicant submits th....

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....inition of 'Capital Goods' under Cenvat Credit Rules, 2002/2004. The ld. Advocate also submits that in other Commissionerates, the said Cathode and Anode have been treated as 'Inputs' and accordingly, Cenvat credit is allowed. He also submits that in any case, the demand is barred by limitation, as no facts were suppressed from the knowledge of the Department nor any misdeclaration was made. He ha....

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.... not the fact that there had been any mention of clearances of remnant of cathode & anode under Rule 3(5A) of the Cenvat Credit Rules, 2004, in the respective invoices. It is his submission that even if inputs after continuous use, become unutilizable, the same could be cleared as 'scrap' on payment of duty. Therefore, the remnant inputs namely, cathode and anode were cleared on its transaction va....

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....' by this Tribunal in a series of judgments. We find from a plain reading of the definition of 'capital goods' under Rule 2(a) and 'inputs' under Rule 2(k) of the Central Excise Rules, 1944, that all goods could be treated as 'inputs', but the definition of 'capital goods' is restricted to the items specified therein, and its usage. So, whether cathode and anode would fall under the scope of 'capi....