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2020 (9) TMI 1158 - HC - Central ExciseCENVAT Credit - capital goods which were not specified in the Rule 2(a)(A) of CENVAT Credit Rules, 2004 - Construction materials - Whether the Tribunal committed an error of law in not appreciating the Legislative Intent in insertion of “but shall not include cement, angles, channels, Centrally Twisted Deform bar (CTD) or Thermo Mechanically Treated bar (TMT) and other used for construction of factory shed buildings or laying foundation or making structures for support of capital goods” vide Not.No.16/2009-C.E (N.T) dated 7/7/2009 being clarificatory in view of already existing explanation 2 to Sec.2 (k) of CENVAT Credit Rules, 2004 and therefore, operates retrospectively? HELD THAT:- The matter is no longer res integra and the learned Tribunal has rightly followed the decisions and held in favour of the Assessee - ollowing the three Hon'ble High Court decisions in the appellant's own case cited supra, and also maintaining this Tribunal's order in the case of Dalmia Cements (Bharath) Ltd. Vs CCE Trichy [2015 (8) TMI 1179 - CESTAT CHENNAI], holding that immovability is not a criteria for denial of Cenvat Credit, we hold that appellants are eligible for Cenvat Credit on the capital goods used in "Dry Process Cement Manufacturing Plant". Accordingly, the impugned order is set aside and the appeal is allowed." There are no merit in the present Appeal and the same is liable to be dismissed.
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