Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2013 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (11) TMI 1109 - AT - Central ExciseEligibility for Cenvat credit – Extended Period of Limitation - Waiver of Pre-deposit – Penalty under Rule 15 (1) of the Cenvat Credit Rules, 2004 - Applicants have used MS Angles/Bars/Beams etc. and treating the same as 'capital goods' as defined under Rule (2) (a) of Cenvat Credit Rules, 2004 - Held that:- Following Vandana Global Ltd. Versus CCE [2010 (4) TMI 133 - CESTAT, NEW DELHI (LB)] - CENVAT credit is admissible in case of materials similar to the ones used by the appellants for supporting structures/fabrication of machinery within the factories – here extended period could not have been invoked - The appellants have made out a prima facie case on limitation – Pre-deposit of 25% of the duty to be submitted - upon such submission rest of the duty to be stayed till the disposal – Partial stay granted.
|