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2010 (9) TMI 322 - HC - Central ExciseCenvat credit – Capital goods – credit on component, spare parts and accessories denied on the ground that electricity generated not fully utilized within factory and part electricity wheeled out - user test” is satisfied and the question whether an item falls within the purview of “capital goods” would depend upon the user – Held that: - parts, accessories/spares of CPP installed in the factory premises would fall within the ambit of “capital goods” as contemplated under Rule 57-Q as user of electricity in the production of sponge iron is an integral part of manufacturing process - Cenvat credit on parts, accessories/spares cannot be denied to the assessee on the ground that substantial portion of the electricity generated from CPP has been wheeled out to its sister concern – Appeal dismissed
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