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2017 (8) TMI 1702 - AT - Central ExciseCENVAT Credit - capital goods/inputs - MS plates, angles, channels, beams and rounds - rule 2 of CENVAT Credit Rules, 2004 - HELD THAT:- The use of steel items for fabrication of structures and structures for bearing machinery would appear to be excluded from the definition of capital goods. However, as per Explanation 2 in rule 2(k) of CENVAT Credit Rules 2004, such goods, if used for manufacture of capital goods which are further used in the factory of the manufacturer, are to be considered as inputs and the definition of capital goods in the said rules includes moulds. Therefore, the contention of the appellant that the inputs, on which CENVAT credit has been availed, are used in the manufacture of moulds cannot be dismissed without proper examination. The lower authorities have failed to do so. The matter remanded back to the original authority for subjecting the claim of the appellant to the test of the definitions of input and capital goods in CENVAT Credit Rules, or 2004 - appeal allowed by way of remand.
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