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2013 (3) TMI 452 - AT - Central ExciseCenvat Credit – Inputs – Capital Goods - Appellate authority is of the opinion that duty paid by the assesse on ‘’inputs’’ is not entitled to Cenvat credit. - Assesse submits that ‘’inputs’’ namely H.R. Sheets, M.S. Plates and angles were used in fabrication of oil tank which was a capital goods. Tank so fabricated was to serve the purpose of manufacture. That was also not embedded to earth. Held that:- Hon’ble High Court of Karnataka in case of Commissioner of Central Excise, Bangalore v. SLR Steels Ltd. [2012 (9) TMI 169 - KARNATAKA HIGH COURT] examined Rule 2(k) of Cenvat Credit Rule 2004 in para 7 of the judgment and also found that the storage tank was capital goods which made the appellant in that case eligible to input credit. For the fact that the oil tank was not embedded to earth, the appellant is entitled to the Cenvat credit on inputs in the peculiar circumstances of the present case. - Decided in favor of assessee.
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