Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2011 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (4) TMI 1098 - HC - Central ExciseCenvat credit - items were used in the manufacture of capital goods and parts thereof and, as such, were eligible for CENVAT credit under Rule 2 of the CENVAT Credit Rules, 2002 - Counsel for Central Excise and Customs would submit that the CESTAT had misconstrued Rule 2 of CENVAT Rules and the Explanation thereof; and, in the light of the findings of the original authority that the goods in question were used for repairs of machinery, they did not fall within the ambit of “capital goods” under Rule 2 of the CENVAT Rules and, as such, no CENVAT credit could be claimed thereupon – Held that:- “capital goods” would not only include goods falling under Chapters 82, 84, 85 and 90 of the Central Excise Tariff Act but also components, spares and accessories of such goods, and moulds and dies which are used in the factory of the manufacturer of the final product, but not equipment or appliance used in an office, goods in question are, admittedly, used in the repairs of capital goods in the factory of the manufacturer and, as such, fall within the ambit of Section 2(b)(ii) of the CENVAT Credit Rules, order of the CESTAT, in rejecting the contention of the Revenue, though cryptic does not give rise to any substantial question of law necessitating interference in proceedings under Section 35G of the Act, appeal is dismissed
|