2006 (11) TMI 63

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....heir factory for manufacture of panels and picture tubes. The revenue disputed the availment of the credit and issued a show cause notice for the denial of the Modvat credit on such capital goods. Adjudicating authority denied Modvat credit and also imposed penalty. On an appeal the learned Commissioner (Appeals) allowed the appeal after considering the detailed chart that indicated the usage of the capital goods by the respondent in their factory. The revenue is in appeal only against a small portion of credit on the Tor steel, cement and bars and angles. 3.Learned SDR submits that the bulk of credit on other capital goods is not disputed by them but the credit on Tor steel and cement and bars and angles is not available to responden....

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....rom records that the disputed inputs were utilized for construction of sheds or office building etc. In the absence of any contrary evidence, findings of the learned Commissioner (Appeals) are to be upheld. It is also seen from records that the detailed chart indicating the usage of the disputed inputs was produced before the lower authorities and was accepted. 6.On the perusal of the case law relied upon by the learned SDR it is noticed that in that case the Tribunal has at the time of hearing of stay application held that steel and cement cannot be held as inputs. As against that, the tribunal's later decision in the case of India Cements (supra) is directly on the point. The Tribunal in the said decision has held as under : "We hav....