Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2012 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (11) TMI 441 - CESTAT, MUMBAIPlea for waiver of pre-deposit - denial of credit in respect of capital goods, used in the setting up of Oxygen Plant in the factory of the applicant on the ground that the capital goods on which credit has availed has gone into fabrication of the Plant which is not excisable - Revenue contended that no duty has been paid on the Plant and therefore not entitled for credit - Held that:- In view of decision in case of CCE Vs Gujarat Ambuja Cements Ltd (2008 (10) TMI 363 - HIMACHAL PRADESH HIGH COURT) wherein it was held that if impugned good is a capital good, Rule 57Q is applicable enabling party to claim credit of duty paid on capital goods by the manufacturer of specified goods. A manufacture is entitled to claim Modvat Credit on account of the excise paid on the components, spares and accessories of the goods exempt. If duty is paid on the components used in its manufacture, we see no reason why the manufacturer cannot claim Modvat credit for such duty, applicant has made out a strong prima facie case for waiver. Pre-deposit of the dues is waived and Stay petition allowed.
|