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2017 (7) TMI 559 - HC - Central ExciseCENVAT credit - input - M.S.Angles, M.S.Joint beams and TOR Steel - Whether the appellant is entitled to input credit in terms of Rule 2(k) of CCR 2004? - Held that: - decision in the case of M/s.Thiruarooran Sugars and another V. CESTAT and another [2017 (7) TMI 524 - MADRAS HIGH COURT], relied upon, where it was held that structurals, cement, as also, iron and steel, which are used to erect foundations, would come within the definition of 'input' as they form part of the capital goods, which, in turn, are used in the manufacture of final product. The manner in which the Revenue seeks to read the provisions of Explanation 2 is flawed for the reason that the said Explanation cannot restrict the scope and ambit of the main provision, i.e., Rule 2k(i). Explanation 2 cannot be read in a manner that it constricts, the scope and ambit of the main provision, i.e., Rule 2k(i). - appeal allowed - decided in favor of assessee.
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