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2022 (8) TMI 828 - AT - Central ExciseCENVAT Credit - inputs - structural items such as MS Angle, Plates, HR Sheets, CR Sheet, CR coil, Beam, MS Rod, Joist, MS Channel, and other Steel products used for manufacture of capital goods - period from 2007-08 to 2009-10 - HELD THAT:- The Ld.Adjudicating authority had confirmed the demand of recovery of Cenvat credit on items such as Cement, TMT Bar, Beam, Angle, Channels & Joist by relying on the judgement of the Larger Bench of the Tribunal in the case of VANDANA GLOBAL LTD. VERSUS CCE [2010 (4) TMI 133 - CESTAT, NEW DELHI (LB)]. However, the said judgement, as rightly pointed by the Ld.Advocate has been quashed by the Hon’ble High Court of Chhattisgarh. Also, the Hon’ble Calcutta High Court in the case of SURYA ALLOY INDUSTRIES LTD. VERSUS UNION OF INDIA [2014 (9) TMI 406 - CALCUTTA HIGH COURT] had disapproved the judgement of the Larger Bench. Thus, the Cenvat credit of the items mentioned is an eligible Cenvat credit upto 06/07/2009 and hence the appeal to this extent ought to be allowed. Further, it has been stated by the Ld.Advocate appearing for the Appellant, that they are not pressing for the same and only have requested for waiver of penalty as the issue involved interpretation of law. There are force in such argument as the issue is related to interpretation of law. Hence the imposition of penalty cannot be sustained in the instant case. Appeal disposed off.
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