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2018 (5) TMI 1763 - AT - Central ExciseCENVAT Credit - capital goods - MS Plates, MS checkered plates, MS sheets, MS channels, HR steel coils etc. - Held that:- The impugned items in the present appeal were used for fabrication of storage tank. The appellants are engaged in manufacture of denatured ethyl alcohol and such storage tanks are an indispensable item in the manufacturing activity. Without such activity of fabrication using the MS plates, MS sheets, HR coils etc. the storage tank cannot be installed within the factory at the required height to be used in the process of manufacture. The Larger Bench of the Tribunal in the case of Commissioner of Central Excise, Meerut Vs. Modi Rubber Ltd. [2000 (5) TMI 64 - CEGAT, NEW DELHI] has held that if the appellants are eligible for credit either under capital goods or inputs, the credit has to be allowed. Appeal allowed - decided in favor of appellant.
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