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2012 (8) TMI 840 - AT - Central ExciseCenvat Credit – Capital Goods – Mines if captive mines so as to constitute one integrated unit with concerned cement factory, Cenvat/Modvat credit available - Held that:- There is no dispute about the fact that Maihar Cement as also Maihar Cement Unit No. 2 are two units of the same parent company, i.e., M/s. Century Textile & Industries Ltd. and do not have the status of independent legal persons. It is also clarified by the ld. Advocate that though accounting of the two units is separate but a common balance sheet is being prepared. As such the mines which were allotted to Maihar Cement at the time of its incorporation and subsequently allowed to be used by the second entity, i.e., Maihar Cement Unit No. 2 has to be treated as captive mines for both the units - as the mines in question are not supplying to factory of other assessees - Following decision of the case of Madras Cement [2010 (7) TMI 179 - SUPREME COURT] - Decided in favour of assessee.
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