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2018 (7) TMI 161 - AT - Central ExciseCENVAT credit - inputs - cement, angles, TMT bars, etc - Held that:- The impugned order has relied upon the judgment of the Tribunal in the case of Vandana Global Ltd. [2010 (4) TMI 133 - CESTAT, NEW DELHI (LB)] in holding that the definition of ‘inputs’ does not include cement, angles, TMT bars, etc. However, this judgment of the Tribunal has been disapproved by the Hon’ble Calcutta High Court in the case of Surya Alloy Industries Ltd. v. Union of India [2014 (9) TMI 406 - CALCUTTA HIGH COURT] - credit cannot be denied. Further, the Chartered Engineer’s certificate reflects that the impugned goods were actually used during the manufacture of the final products - the usage of various iron and steel items is to be analysed in light of the decision of the Hon’ble Supreme Court in the case of Rajasthan Spinning & Weaving Mills Ltd. [2010 (7) TMI 12 - SUPREME COURT OF INDIA]. Shortage of finished goods detected during the stock verification - Held that:- There is no force in the submission of the ld. Advocate, as it was not substantiated by any evidence. The demand of duty is required to be upheld. Appeal allowed in part.
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