2017 (12) TMI 484

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....e assessee has availed inadmissible Cenvat Credit of Rs. 19,01,000/- on Capital Goods as detailed given in Annexure A attached to this notice. The said assessee have availed Cenvat Credit on various goods such as Grating MS, Angle MS, Sleeve H-315, Sleeve Adapter, Housing Plmr Blk SN-519, Hex Nut MS etc. which are used in the construction of factory shed, building and laying of foundation and making of structure for support of capital goods. However in view of Explanation-2 to Rule 2(k) of Cenvat Credit Rules, 2004 as amended vide Notification NO. 16/2009-C.E. (NT) dated 07.07.2009, the Cenvat Credit of said input is not allowed the explanation 2. Relying on the ruling of the Larger Bench of this Tribunal in the case of Vandana Global Ltd. ....

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....ide OIO dated 27/06/2014, whereby the additional Commissioner was pleased to drop the proposed amount in part and confirmed a reduced amount of Rs. 1,33,609/- and allowed the Cenvat credit of Rs. 17,67,391/-. Further penalty under Rule 15 was imposed at Rs. 1,33,609/-. 4. Being aggrieved, the appellant assessee preferred appeal before Ld. Commissioner (Appeals) who vide the impugned order upheld the order-in-original rejecting the appeal, observing as follows: "From the definition of Capital Goods, it is seen that the materials viz. Steel Plates or Sheets, Bar Rounds etc. against which the Cenvat Credit availed by the appellant cannot be considered as Capital Goods as these goods are neither the parts/components nor the accessor....