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2018 (3) TMI 1488 - HC - Central ExciseCENVAT credit - inputs/capital goods - welding electrodes - Whether in the facts and circumstances of the case credit of excise duty paid on welding electrodes is eligible to be taken as inputs and/or capital goods, under the Cenvat Rules in respect of its use in repair and maintenance of capital goods and also installation of new machines used in the factory for manufacture of excisable final products? Held that: - it will be necessary to refer to the decision of the Apex Court in the case of J.K. Cotton Spinning and Weaving Mills Company Limited vs. Sales Tax Officer, Kanpur [1964 (10) TMI 2 - SUPREME COURT OF INDIA] which is by a Bench of three Hon'ble Judges - it was held in the case that We are not prepared to agree with the High Court that in order that "electrical equipment" should fall within the terms of Rule 13, it must be an ingredient to the finished goods to be prepared, or "it must be a commodity which is used in the creation of goods." Merely because one issue is referred to the Larger Bench in the case of Ramala Sahakari Limited [2010 (11) TMI 34 - SUPREME COURT OF INDIA], it cannot be said that the law which prevails today should not be followed. The Appellate Tribunal has not denied relief to the appellant on the ground that the definition of inputs is restricted only six categories mentioned therein. Appeal allowed in part.
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