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2016 (12) TMI 1040 - CESTAT KOLKATAWhether Cenvat Credit with respect to items used in fabricated steel structures and fish plates are eligible to Cenvat Credit as capital goods? - Held that: - It is observed from the case records that the items are used for making steel platform on which welding of railway wagons is undertaken by the Appellant. Such a steel structure/fish plate cannot be considered either as capital goods or inputs of such structures under Rule 2 of the CCR and accordingly Cenvat Credit has been correctly denied by the First Appellate Authority. So far as imposition of penalties is concerned, it is observed from the submissions made by the Appellant before the First Appellate Authority that certain favourable case laws on the issue were also existing. Accordingly, it is held that penalty imposed upon the Appellant is not justified and is accordingly set aside. Appeal disposed off - decided partly in favor of appellant.
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