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2012 (2) TMI 416 - AT - Central ExciseWhether Drills and Bits used in the instant case are eligible for Cenvat credit - Held that:- The Lower Adjudicating Authority in his finding at page Three has admitted that the said goods were used in the “Captive Mines of the assessee” - As regards the Modvat/Cenvat credit on capital goods, if the mines are captive mines so that they constitute one integrated unit together with the concerned cement factory, Modvat/Cenvat credit on capital goods will be available to the assessee. On the other hand, if the mines are not captive mines but they supply to various other cement companies of different assessees, Modvat/Cenvat credit on capital goods used in such mines will not be available to the concerned assessee under the appropriate Modvat/Cenvat Rules. The matters are remanded to the respective original authorities for decision only on the above issue - Following decision of GAJAMBUJA CEMENT Versus COMMISSIONER OF C. EX., BHAVNAGAR [2007 (11) TMI 139 - CESTAT AHMEDABAD] - Decided in favour of assessee.
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