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2013 (6) TMI 6 - HC - Central ExciseCenvat Credit - Inputs - Tool Kits - Scope of Rule 2(k) - held that:- The goods excluded are light diesel oil, high speed oil and motor spirit which are in the nature of consumables. The final product cannot be given restricted meaning so as to mean as the engine of the vehicle or the chassis but all things which are necessary to make the final product marketable. What is excluded is the fuel which is to be consumed for running of the vehicle. All goods which are part of the original equipment are entitled to Cenvat credit as per definition of 2(k)(i). Decisions in Tata Engineering & Locomotive Co. Ltd. [1994 (4) TMI 78 - HIGH COURT OF PATNA AT RANCHI] distinguished. Confirming the decision of CESTAT in Bajaj Auto Limited v. Collector of Central Excise, Pune [1996 (10) TMI 117 - CEGAT, NEW DELHI] cenvat credit allowed - decided in favor of assessee.
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