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2016 (12) TMI 1377 - AT - Central ExciseCENVAT credit - structural items such as M.S. structures, Plate, Flat, Angles, Channels, Bars and beam etc - penalty - denail of credit placing reliance in the case of Vandana Global Ltd Vs Commissioner of C.Ex. Raipur [2010 (4) TMI 133 - CESTAT, NEW DELHI (LB)], where Hon’ble Larger Bench has taken a view that even prior to 7/7/2009 when the explanation 2 of Rule 2(k) was inserted in the Cenvat credit Rules, 2004, it is clarificatory nature and had retrospective effect. As per the said amendment structural steel was explicitly excluded from the definition of input. Held that: - much water has been flown on the issue as various High courts have either distinguished or overruled, the view taken by the Hon’ble Larger Bench in case of Vandana Global Ltd hence it is no more good law - reliance placed in the decision of the case of Chemplast Sanmar Ltd [2014 (9) TMI 535 - MADRAS HIGH COURT], where it was held that Cenvat credit is admissible on the structural steel, therefore Larger Bench decision in case of Vandana Global Ltd clearly stands distinguished, the entire foundation of the impugned order gets demolished - Cenvat credit is admissible on structural steel in light of the above referred judgments - the limitation aspect ignored - since credit allowed, penalty set aside. Credit allowed - appeal allowed - decided in favor of assessee.
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