2018 (3) TMI 637

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....ingh, AR - for the Respondent ORDER Per: Ms. Archana Wadhwa After hearing both the sides, I find that the appellant sold old and used capital goods to one M/s. Saturn Steel Ventures and Advisors P Ltd. in terms of Memorandum of Understanding entered between the appellant and the purchasers. The goods were sold under Invoice No.0012040867 dated 30.9.2012 and duty of Rs. 6,14,122/- was paid on ....

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.... 4. The lower authorities have observed that the appellant has not produced any evidence on record to show that capital goods sold by them were out of non-cenvatable capital goods except an affidavit to that effect. The original adjudicating authority held that one of the capital goods removed by the assessee is billet heating furnace Inductotherm, which is of the year 2003. This fact refutes the....

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....able capital goods. Admittedly, the appellants have not placed any evidence on record to show that such capital goods were purchased by them before 1991 and no cenvat credit has been availed by them. It is well established principal of law that onus to establish that capital goods were purchased after introduction of cenvat credit, is on the assessee, who is claiming the benefit. The only evidence....