Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (9) TMI 721 - CESTAT AHMEDABADDenial of CENVAT Credit - Capital goods - Whether the CENVAT Credit of items like Cement, Angles, Channels etc used for civil foundation work and support structure of the machinery will be admissible or not - Held that:- Issue of admissibility of CENVAT Credit on these items was decided by CESTAT Larger Bench in the case of Vandana Global Ltd Vs CCE Raipur (2010 (4) TMI 133 - CESTAT, NEW DELHI (LB)). Once conflicting views were given by the Court on the issue and the issue got resolved by the Larger Bench, then it cannot be said that there was any intention to evade payment of taxes or in taking wrong credit. Accordingly, demand for the period prior to amendment of Rule 2(k) of CENVAT Credit Rules, 2004 has to be considered as time barred. On merit also, the jurisdictional High Court in the case of Mundra Port & Special Economic Zone Ltd Vs CCE & C (2015 (5) TMI 663 - GUJARAT HIGH COURT) held that such credit is admissible before amendment of Rule 2(k) w.e.f. 07.07.2009. Appeal filed by the Appellant with respect to CENVAT Credit of demand for the period prior to the amendment of Rule 2(k) of CENVAT Credit Rules, 2004 is allowed - Appellant had reversed the CENVAT Credit along with interest - Decided in favour of assessee.
|