2006 (11) TMI 212

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....eal has been preferred by the revenue against the order dated 12-1-2005 passed by the Customs, Excise and Service Tax Appellate Tribunal, New  Delhi  (for short,  'the Tribunal')  in  A.No.E/4868/04-B, proposing following substantial questions of law :- "(i) Whether the inputs used in the fabrication, erection and installation of Cold Rolling Mill can be treated as capi....

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....the assessee in the year 1998 after filing declaration as well as RT-12 returns. 3.The department gave show cause notice dated 12-3-2001 alleging that the goods used by the assessee were inputs and credit was not admissible as capital goods. 4.The assessee raised objection that the credit was rightly availed of and in any case, in absence of any suppression of material facts, extended period....

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....hat there is no tangible evidence to substantiate the stand of the revenue. The goods in question could not be said to be inputs as the same were parts of the capital goods installed in the factory premises of the respondents. The respondents had even filed the declaration, declaring the goods as part of the capital goods, before availing the Modvat credit. The learned Commissioner in the impugned....