2025 (6) TMI 1086

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....Central Excise, paying central excise duty and also availing facility of cenvat credit. Appellant is using flexographic plates on VT-100 Flexo printing machines which are used to get design printed on the paper. Flexographic plates are used for printing the design required by the customers of the appellant. Flexographic plates are specific to the design and once the printing of a specific design for a specific customer is over, the same plate cannot be used again. Some of the consignments of flexographic plates were imported by the appellant and the same were classified under Chapter 37 of Customs Tariff and, therefore, the appellant treated them as inputs for availment of cenvat credit. It appeared to Revenue that flexographic plates are c....

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....ity did not appreciate the contention of the appellant and confirmed the demand of cenvat credit of Rs.57,56,001/- treating the same as wrongly availed and ordered the appellant to pay interest on the same and imposed equal penalty. Aggrieved by the said order, appellant is before this Tribunal. 2. Heard the learned counsel for the appellant. Learned counsel for the appellant has submitted that goods falling under Chapter 82, 84 and 85 are treated as capital goods and the goods in question were classifiable under Chapter 37. Therefore, under genuine belief that they are not capital goods, appellant has availed entire cenvat credit of duty paid on the same and there was no intention to take more credit than admissible. He has further submit....