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2013 (10) TMI 327 - CESTAT CHENNAICENVAT Credit – Waiver of Pre-deposit - Revenue was of the view that the equipment’s and machineries were erected in the factory and thus became immovable property and, therefore, cannot be considered as capital goods and they proposed to deny CENVAT credit taken on such goods brought into the factory – Held that:- In the history of MODVAT/CENVAT scheme for duty paid on capital goods credit has not been denied for the reason that machineries brought into the factory on payment of duty were erected before it was put in use in the manufacturing processes - Machineries are erected to make it do the manufacturing process - Credit cannot be denied for the reason that machinery became immovable after erection - The dispute relating support structures built as immovable property in a factory are on a different footing about which there have been many disputes - Since this case is about credit on equipments and machineries the applicant has a very strong prima facie case in their favour and calling for any pre-deposit will tilt the balance of convenience against the applicant – Pre-deposit was waived – Stay granted.
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