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2016 (3) TMI 155 - AT - Central ExciseCenvat Credit availed on the Cement Sheets (A C Sheets) and Corrugated Aluminum Sheets disallowed - non qualification as capital goods as defined in Rule 2(a) (A) of Cenvat Credit Rules, 2004 - Held that:- It is an admitted fact that the sheets in question on which Cenvat Credit have been availed have been realized for providing cover to the machinery and its moving parts in order to protect them from dust particles etc. and to maintain temperature for good quality of output, more particularly in view of the fact that the factory is fitted with overhead cranes which runs on gantry throughout the factory shed from one corner to other. As such there is a probability of material falling on the machines and its moving parts. Further, it is not disputed by Revenue that the sheets in question have been utilized to provide cover to the accessories in the automatic wire mill plant. In this view of the matter, hold that the appellant is entitled to Cenvat credit as the sheets so utilized portable nature of accessories of the capital goods and as such are capital goods as defined in Rule 2(a)A(iii) of the Cenvat Credit Rules 2004. Thus, the appeal is allowed and the impugned order is set aside. The adjudicating authority is directed to give cash refund of the interest paid by the appellant which was paid by challan and the appellant is entitled to take back cenvat credit of the amount so reversed. The adjudicating authority shall disburse the cash refund within a period of 45 day from the date of receipt of copy of this order. - Decided in favour of assessee
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