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2016 (12) TMI 648 - AT - Central ExciseDenial of CENVAT credit - manufacture of sponge iron - cenvat credit on various items, namely, HSS plate, channels, joist, beams, chequered coil/ plates etc. used in the electro static pacificator, conveyor, Banker chimney and Ash Sylo etc - whether denial of credit on the ground that the same cannot be considered as either input or capital goods for the appellant and taking of cenvat credit is not in conformity with the cenvat statute, justified? - Held that: - I find that this Tribunal in the case of N.R. Sponge Pvt. Ltd. [2016 (12) TMI 433 - CESTAT NEW DELHI] has allowed the cenvat benefit on the goods, namely, plates, angles, channels etc. holding the same as inputs/capital goods for availment of cenvat credit. With regard to oxygen gas, I find that in terms of the broad definition of input contained in Rule 2(k) of the Cenvat Credit Rules, 2004, the said item should fall within its scope and ambit for the purpose of availment of cenvat benefit. Also the cenvat benefit on welding electrodes used in the repair and maintenance of plant and machinery as input are allowed for availment of the cenvat benefit. CENVAT credit allowed - appeal allowed - decided in favor of assessee.
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