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2016 (8) TMI 199 - AT - Central ExciseCenvat Credit - eligible inputs - iron and steel items - Oxygen Gas, Thermal Insulation and welding electrodes - used in fabrication and maintenance work - Held that:- cenvat credit on iron and steel items not admissible in the light of the CESTAT Larger Bench decision in the case of Vandana Global Ltd. (2010 (4) TMI 133 - CESTAT, NEW DELHI (LB)) - However, appellant cannot be held to suppress any material facts deliberately to evade duty or to avail ineligible credit and therefore, the demand for extended period was not sustainable - Penalty not imposed. Regarding Oxygen Gas and welding electrodes - Held that:- The Supreme Court in the case of Ramala Sahkari Chini Mills [2016 (2) TMI 902 - SUPREME COURT] also held cenvat credit on welding electrodes used in maintenance of machines admissible. Matter remanded back for quantification of demand - Decided partly in favor of appellant.
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