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2017 (10) TMI 788 - AT - Central ExciseCENVAT credit - capital goods - loco and loco parts - Held that: - issue is squarely covered in favour of the appellant by the judgments of the Division Bench of the Tribunal in the case of Bhusan Steel Ltd. [2012 (10) TMI 306 - CESTAT, KOLKATA], where it was held that the locomotive engines are used usually for pulling the passenger/goods trains that Diesel Locomotive torpedo ladle car carrying molten metal up to 300-350 MT is not only enhances the effectiveness, but without it the handling, and in turn production of finished goods would not be possible. Thus the view of Commr. (A) holding Diesel locomotive as accessory of capital goods is upheld and credit allowed - credit allowed. Penalty on General Manager - availment of irregular credit - Held that: - Since the main appeal involving locomotive and parts thereof is allowed , consequently appeal of the General Manager against the penalty is also allowed. Appeal allowed - decided in favor of appellant.
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