TaxTMI 
TaxTMI 
2019 (11) TMI 378
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....l as capital goods. While verifying the records of the appellants, the department noticed that (a) they had wrongly availed Cenvat credit on ineligible inputs during April 2010 and May 2010, (b) availed Cenvat credit irregularly on JCB and cement products under capital goods during the period December 2009 to June 2010, (c) did not pay interest on the irregular Cenvat credit wrongly taken and later reversed by them on iron and steel products viz., MS Plates, MS Angles, MS Channels, MS Beams, etc., falling under Chapter 72 and 73 of the Central Excise Tariff Act, 1985 and (d) further verification of the records of the appellant revealed that they have availed Cenvat credit amounting to Rs. 12,92,374/- irregularly on ineligible goods viz., ir....
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....turers of iron and steel products and that they had availed Cenvat credit on MS Angles, MS Beams, etc., which were used in fabricating their capital goods. It is the case of the department that they are not entitled to the Cenvat credit on these items because they are neither capital goods by themselves nor are inputs. Although they were of the opinion that they are entitled to the Cenvat credit, on insistence of the department they had reversed the same. The show cause notice and the orders of the lower authorities seek to deny the Cenvat credit and appropriate the amounts already paid by them towards the demand. Further, they proposed to charge interest and impose penalties upon them. He would contest the demand both on merits as well as ....