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2021 (3) TMI 179 - HC - Central ExciseCENVAT Credit - Capital goods or not - M.S.Angles - M.S.Joint Beams - TOR Steel - Whether the order of the Tribunal placing reliance on Vandana Global to disallow the claim of CENVAT on M.S.Angles, M.S.Joint Beams and TOR Steel is unsustainable in view of the fact that it has lost its value as a precedent in view of the contrary view expressed by the Supreme Court in Central Excise, Jaipur, vs. Rajasthan Spinning & Weaving Mills Ltd. [2010 (7) TMI 12 - SUPREME COURT]? HELD THAT:- We had an occasion to consider similar questions in the case of Dalmia Cements (Bharat) Ltd. vs. CESTAT, Chennai & Ors., [2021 (1) TMI 927 - MADRAS HIGH COURT], wherein the civil miscellaneous appeal filed by the assessee was allowed, by holding that In the light of the recent decision of the Hon'ble Division Bench of this Court in the case of M/S. INDIA CEMENTS LTD. VERSUS THE CUSTOM, EXCISE AND SERVICE TAX & THE COMMISSIONER OF CENTRAL EXCISE, [2015 (3) TMI 661 - MADRAS HIGH COURT] wherein an identical question was considered and the only difference being that the case arose under the CENVAT Credit Rules, which subsequently stood substituted by the MODVAT Rules. The substantial questions of law are answered in favour of the assessee - appeal allowed.
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