Input cenvat credit, Central Excise

[yateen vyas]

Sir,

We have used channel,angles bars for installation of pre- fabricated structure for storage of our finial finished gods.

Now it may be part of my Input for taking cenvat credit or it can part f exclusion clause of Input.

Posts / Replies

[Pradeep Khatri]

Dear Yateen,

In the decision of the Larger Bench of the CESTAT in Vandana Global Ltd v CCE, Raipur 2010 (4) TMI 133 - CESTAT, NEW DELHI (LB), the Larger Bench held that Goods like cement and steel items used for laying 'foundation' and for building 'supporting structures' cannot be treated either as inputs for capital goods or as inputs in relation to the final products and therefore, no credit of duty paid on the same can be allowed under the CENVAT Credit Rules. This order was delivered on 30th April 2010.

But the Supreme Court in CCE, Jaipur Vs. Rajasthan Spinning and Weaving Mills Ltd. - 2010 (7) TMI 12 - SUPREME COURT OF INDIA held that MS channels, plates, etc., used in its fabrication, were capital goods. This judgment was delivered on 9th July 2010 – that is after the Larger Bench decision.

Therefore, in this matter Tribunal Bench has held that, in view of the Supreme Court judgment, the view of the Larger Bench is no longer valid.

In our opinion you are eligible for availment of CENVAT credit. Please also check the facts of your matter at your end.

YAGAY and SUN

(Management and Indirect Tax Consultants)

[Naveed S]

Yes, cenvat credit appears to be eligible in your case But as an Input Credit.