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2018 (8) TMI 4 - CESTAT KOLKATACENVAT Credit - inputs - Steel items used for laying “foundation” and for building “supporting structures” and also for making self-manufactured capital goods such as Hydraulic Press, Crane etc. - Held that:- As per the decision of the Tribunal in the case of Singhal Engineering Enterprises Private Limited [2016 (9) TMI 682 - CESTAT NEW DELHI] the appellant is entitled to avail the Cenvat Credit on the Iron & Steel items used for supporting structures for making self manufactured Capital Goods but they are not entitled to avail the credit on steel items used for laying foundation - Adjudicating authority is directed to re-quantify the demand of Cenvat Credit to disallow the credit on the iron and steel items used for laying foundation. Penalty - Held that:- As the matter involved is regarding the interpretation of provisions of law, the penalty imposed is liable to be set aside. Appeal allowed in part by way of remand.
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