TaxTMI 
TaxTMI 
2008 (8) TMI 182
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....nd found that all the welding rectifiers in the factory could not be identified as the ones which have already been cleared by them on payment of duty for use within their factory According to the Department, the welding rectifiers available in the factory may not be the ones which have been duty paid and the respondents do not have a system for identifying whether they are the same rectifier which duty has been paid and taken for captive utilization. On this ground, a case was made out and credit of duty of Rs. 1,29,419/- taken on the 19 welding rectifiers issued for captive consumption was demanded and Commissioner (Appeals) on appeal accepted the contention of the respondent that at any given point of time, the respondents had ensured th....
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....lleged to have been taken by the respondents to the extent of Rs. 2,85,907/-, there is no dispute regarding the balance and admittedly, the respondents have reversed the same. The respondents have also paid an amount of Rs. 1,03,611/-, towards interest. 2. Revenue has filed the appeal against the order of the Commissioner (Appeals) on the ground that 19 welding rectifiers could not be identified and therefore, Cenvat credit cannot be allowed. As regards the plate bending machine/rolling machine, the Department's contention is that Cenvat credit is admissible only for the machines received in the factory and therefore, the date of receipt of the machine in the work site at Jamnagar cannot be taken as the date on which credit can be taken. T....
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.... in the factory of the respondents and were being used. Therefore, we do not find anything wrong in the conclusion of the Commissioner (Appeals) that assessees were eligible for credit. 5.2 As regards plate bending/rolling machine credit should have been taken after the machines were received in the factory. Machines were initially taken to work site and bought into factory only on 28th Feb. 2003 whereas 50% credit was taken on 28-4-2000 and balance was taken on 3-4-2000 (sic). Therefore, the respondents are required to pay interest for the period during which credit was wrongly taken that is from 2000-01 to 2002-03. The amount of interest will have to be calculated and quantified. Further, we find that availment of credit in the case of p....