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2017 (1) TMI 359 - AT - Central ExciseCENVAT credit - various steel items - Held that: - Tribunal in various decisions held that Cenvat credit on MS items cannot be denied on the ground of their classification or the capital goods when fabricated getting embedded to the earth for operational reasons. In Monnet Ispat & Energy Limited vs. CCE, Raipur [2016 (1) TMI 917 - CESTAT NEW DELHI], it was held that Cenvat credit was taken on the steel items when they are used for fabrication of components, accessories, support items, the credit cannot be denied on the ground that the final product are embedded to earth - in the present case, various disputed items on which credit has been taken were either specifically classified as parts and components of capital goods or specifically included in such category complying with User Test laid down by the Hon'ble Supreme Court in CCE, Coimbatore vs. Jawahar Mills Limited [2001 (7) TMI 118 - SUPREME COURT OF INDIA]. Denial of CENVAT credit not sustainable - appeal allowed - decided in favor of assessee.
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