TaxTMI 
TaxTMI 
2023 (1) TMI 388
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.... the Revenue. ORDER This appeal has been filed by M/s. Yamir Packaging Pvt. Limited against the demand of reversal of Cenvat credit, interest and imposition of penalty. 2. Learned Counsel pointed out that they had availed 100%Cenvat credit on wooden dies, aluminum litho plates and rubber blanket under the category of inputs. The Revenue is of the view that these are capital goods and therefore ....
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....e impugned order. 4. I have considered the rival submissions. I find that the issue involved in the case Guardian Plasticote Limited vs.CCE, Daman is similar to the issue involved in the instant case that using engraved printed cylinder is an inputs. The Tribunal in the said order observed as under:- "3. After considering rival submissions, I agree with the Id. Advocate for the appellants that ....
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....red as capital goods; at best the demand can be only for interest for the period during which excess 50% credit was availed and It cannot be for the full amount of Cenvat credit that has been taken: "Even in respect of capital goods, the credit is available to the extent of 100% but in two financial years. Therefore there is a need to re-quantify the demand and it has to be limited only to the int....