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2022 (1) TMI 1067 - AT - Central ExciseCENVAT Credit - capital goods/inputs of iron and steel items - MS channels, beams, bars, angles, channels, MS plates, etc. - denial of credit on the ground that these capital goods have been embedded to earth and hence becomes immovable property and lost character of the goods - HELD THAT:- Considering the fact that the matter which has been remanded on 20th June 2013 is still pending and thereafter, the issue has been considered by this Tribunal and finally settled in the case of M/S. MONNET ISPAT & ENERGY LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE, RAIPUR [2016 (1) TMI 917 - CESTAT NEW DELHI] where it was held that the allegation in the show cause notice that steel items used by the appellant are neither components nor spares nor accessories is not sustainable. As the facts of the case are not in dispute that the steel items in question has been used for fabrication of the capital goods which has ultimately been used for manufacture of their final product, in that circumstances, it is held that the appellant are entitled to CENVAT credit on the items in question - appeal allowed - decided in favor of appellant.
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