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2009 (12) TMI 272 - AT - Central ExciseCenvat Credit- The respondent is a manufacturer of rough forgings and forging articles of steel falling under Chapter 7326 of CETA, 1985. They also availed Cenvat credit of inputs and capital goods. The dispute relates to ‘metal band saw blades’ and ‘steel shots’, as to whether they can be considered as capital goods as contended by the Department or can be treated as inputs as claimed by the respondent. The original authority after taking note of the duration of use of these items and the purpose for which they were used held that they were capital goods and therefore, only 50% of the credit was available during the financial year in which materials were received and the balance of 50% was available only during the next financial year. Held that- The Commissioner (Appeals) has clearly held that the same are in the nature of consumable used in relation to manufacture of final products and therefore, appropriately to be treated as inputs. No valid grounds have been adduced to interfere with the finding of the Commissioner (Appeals) which is based on appreciation of the factual matrix in the said case. In view of the above, the appeal is rejected. Cross-Objection which is merely in support of the order of the Commissioner (Appeals) is also disposed of.
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