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2016 (11) TMI 1179 - AT - Central ExciseCENVAT credit - M.S. Channels, Beams, Joists, Rounds, Seats, Angles, Plates, etc. - whether denial of credit on the ground that these items were used for the fabrication or manufacture of items, which have become immovable structures, justified? - Held that: - The Tribunal in a recent case of the M/s. Singhal Enterprises Private Limited Versus The Commissioner Customs & Central Excise, Raipur [2016 (9) TMI 682 - CESTAT NEW DELHI] held that the structural items used in the fabrication of support structures would qualify to be considered as parts of relevant machinery and fall within the ambit of capital goods in terms of Rule 2(a) of the Cenvat Credit Rules, 2004. The amendment carried out in Rule 2(a) to exclude cement, angles, channels, CTD, TMT bars and other items used for construction of factory sheds, building, or laying of foundation or making of structures for support of capital goods cannot be held to be retrospective. Time bar - Held that: - the issue involved in the present dispute is one of interpretation of the provisions of Cenvat Credit Rules and various other legal principles. Admittedly, certain contrary views have been taken by the various judicial bodies. In such situation, we find that invoking longer period of demand on the ground of fraud, suppression, willful misstatement, etc. is not tenable. Hence, on the question of time bar also, the present demand is not sustainable. Denial of credit not sustainable - appeal allowed - decided in favor of appellant.
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