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2017 (6) TMI 625 - AT - Central ExciseCENVAT credit - MS items - denial on the ground that M.S. Angles, Channels & beams used in fabrication of High Back Chair, Tables used in office premises cannot be held input/capital goods and eligible to CENVAT credit - Held that: - the credit availed in relation to M.S. Angles, channals, etc. used in the manufacture/fabrication of furniture, namely Table, High Back Chair used in the office premises of the appellant cannot be held admissible to them - credit of ₹ 1,61,410/- availed on these items used in the fabrication of Table, High Back Chair is recoverable with interest and penalty. Since the appellant was not given option to discharge 25% of penalty imposed under Rule 15 of Cenvat Credit Rules, 2004 read with Section 11AC of CEA, 1944, they are eligible to the same subject to fulfillment of conditions laid down under the relevant provisions - appeal allowed - decided partly in favor of appellant.
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