(1.) The issue involved in this appeal relates to availment of Cenvat credit of duty paid on capital goods transferred from their factory at Pune to their factory at Noida after lapse of a few years.
(2.) On hearing both sides, we note that an identical issue for a different period in the case of the same assessee came up for consideration before the Tribunal in Appeal No. E/262/2003 -B and vide Final Order No. 425/04 -B, dated 3 -6 -2004, [2004 (172) E.L.T. 91 (T)] the Tribunal upheld the appellants' claim for credit. The relevant findings are reproduced below :
(3.) Following the ratio of the above order, we hold that credit of Rs. 55,09,179/ - is admissible to the appellants, set aside the impugned order, confirming the above mentioned amount as duty and imposing penalty of equal amount and allow the appeal.