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2014 (3) TMI 873 - CESTAT CHENNAIEligibility to credit in respect of the impugned goods such as MS angles, channels etc. - Inputs or Capital goods - Held that:- appellants have claimed that they have used the impugned goods for manufacturing ‘sand plant’, which in turn is used for making ‘sand moulds’, which in turn is further used for manufacturing various castings. If the sand plant can be considered as machinery and capital goods, the appellants would have been entitled to input duty credit in respect of the impugned goods utilized for making a sand plant. However, there is a categorical finding by the original authority in his order that the sand plant is embedded to earth and is immovable and as such the same cannot either be considered as goods or as capital goods. Hence, the claim of the appellants for Cenvat credit has been rejected. The reasoning given by the original authority is sound and the same requires no interference - However penalty is waived - Decided partly in favour of assessee.
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