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2016 (12) TMI 590 - CESTAT NEW DELHICENVAT credit - manufacture of sponge iron - M.S. Angles, Channels, Plates, CTD Bars, Joists, Beams, Welding Electrodes, etc - The period involved is November, 2004 to March, 2009 - Held that: - We find that the question of eligibility of various steel items for cenvat credit in such situation has been a subject matter of decision by the Tribunal, various High Courts and the Supreme Court. We find that there are a larger number of decisions holding that M.S. Angles, Channels, Plates, etc. used in fabrication of structures are eligible for credit as long as they are shown to have been used in Connection with any of the capital goods inside the factory. Though these M.S. Plates and Angles fall under Genera Statutory Items Chapter 72 or 73 of the Central Excise Tariff Act, the purpose of their end use determines their eligibility. The Hon'ble Supreme Court in Rajasthan Spg. & Wvg. Mills Ltd. [2010 (7) TMI 12 - SUPREME COURT OF INDIA] allowed the credit on steel plates and M.S. Angles, channels used in the fabrication of chimney for diesel generating sets. CENVAT credit allowed - appeal allowed - decided in favor of assessee.
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