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2016 (11) TMI 1398 - ITAT HYDERABADCENVAT credit - MS Angles, MS Channels, MS Beams etc - Held that: - the subject items are used for fabrication of tubes, pipes and fittings, storage tanks, accessories of boiler, accessories of paper machines, cable trays, pulp mill etc. The appellant has also used subject items for fabrication of supporting for equipment & machinery. The appellant has reversed the credit of ₹ 1,75,793/- which was availed by them in respect of MS items used for civil construction and items used outside the factory. In view of the above discussions, we hold that the appellant is eligible to the tune of ₹ 1,69,92,269/- (Rs. 1,71,68,062/- less ₹ 1,75,793/-). The imposition of penalty is also not sustainable and the same is set aside. Appeal allowed - decided in favor of appellant.
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