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2023 (8) TMI 696 - CESTAT BANGALOREWrongful availment of CENVAT Credit - Central Excise Tariff Act, 1985. A show-cause notice for the period April 2010 to June 2012 was issued to them alleging that they have wrongly availed and utilized cenvat credit on MS Plates, HR Plates, Steel Plates etc. which are used for the fabrication of huge storage tanks - period April 2010 to June 2012 - HELD THAT:- The issue is no more res integra and decided by the jurisdictional High Court in the case of COMMISSIONER OF C. EX., MYSORE VERSUS ICL SUGARS LTD. [2011 (4) TMI 1065 - KARNATAKA HIGH COURT] where it was held that assessing authority has himself extended the benefit to storage tank storing water as a component to main machinery namely, boiler, he ought to have extended the benefit to the storage tanks which are also part of the factory premises, in which the bye-products are stored and thereafter sold as a finished product, no justification to interfere with the orders passed by appellate authority. The said principle was later followed by the Hon’ble High Court in the case of SLR Steels Ltd. [2012 (9) TMI 169 - KARNATAKA HIGH COURT] and Hindalco Industries Ltd. [2012 (11) TMI 201 - KARNATAKA HIGH COURT] - demand set aside - appeal allowed.
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