TMI Blog2008 (3) TMI 225X X X X Extracts X X X X X X X X Extracts X X X X ..... ve use only, hence credit not deniable – in respect of credit on CTD Bars, Angles, appellants’ submission is that the goods are used for fabrication of plant and machinery and not for civil construction – matter remanded for second issue - E/2876/2007-DB - 211/2008-EX(PB), - Dated:- 20-3-2008 - S/Shri S.S. Kang, Vice-President and B.S.V. Murthy, Member (T) Shri S.M. Tata, SDR, for the Res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve mines are entitled for the credit. Contention is that power generated from power plant is only used by the appellants in the factory of production. Therefore, in view of the decision of the Hon'ble Supreme Court appellants are entitled for the credit. In respect of credit of duty on items like CTD Bars etc. the contention of appellants is that all the items are used in installation of plant and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Hon'ble Supreme Court in the case of Vikram Cement (supra). Hon'ble Supreme Court held that credit in respect of capital goods used in captive mines is admissible. In the present case power plant is situated at the land adjacent to the factory of production and is for captive use only. The appellants also submitted the revised site plan. Therefore, appellants are entitled for credit in re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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