2008 (9) TMI 342

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....ppellant. Ms. Sudha Koka, SDR, for the Respondent. [Order per : T.K. Jayaraman, Member (T)].- These appeals have been filed against Adjudication Nos. 116 & 117/2002-03 RP, dated March, 2003 passed by the Commissioner of Central Excise, Visakhapatnam. 2. Shri G. Prabhakar Sastry, the learned Advocate appeared on behalf of the appellants and Smt. Sudha Koka, the learned Departmental Represe....

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....he Adjudicating Authority adjudicated the case demanded the Cenvat credit taken on this input spares on the ground that they had not been used in the manufacture of final products and their values have been written off. In view of that he had taken a view that the appellants are not entitled for the credit. Hence, the duty proposed in the show cause notice was confirmed. Penalty equal to the duty ....

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....sed at a later time. Just because for balance sheet purposes, the realistic value has been shown it does not mean that the Modvat credit or Cenvat credit should be denied. The appellants stated that the Tribunal in their own case had taken earlier a decision in their favour. 5. The learned Departmental Representative referred to the Board's circular dated 16-7-2002 para 3 and also our attention....

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....the inputs/spares in this case had not at all been removed from the factory. Our attention was also invited to two decisions. Wherein the same issue was examined by this Tribunal and decision was given in favour of the party in the case of Bharat Heavy Electricals Ltd. v. Commissioner of Central Excise, Bangalore - 2002 (50) RLT 208 (Tri.-Bang.) and in the case of M/s. Hindustan Zinc Ltd. v. Commi....