Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2016 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (2) TMI 148 - AT - Central ExciseDenial of CENVAT credit on MS Plates/ Channels, HR Plates, Bars, Rounds, Joit etc. - demand of CENVAT credit alongwith interest and imposed penalty of equal amount of CENVAT credit - Held that:- The capital goods as defined under Rule 2(a) of the Rules covers the components, spares and accessories of the machinery as specified in Clause (i) and (ii) of the said definition. The eligibility of the Cenvat Credit of capital goods is depending upon the utilisation of the said materials. In the present case, the appellant initially took a stand that these items were used in the machinery. In the Chartered Engineer certificate, it is certified that these items were used as components, spare parts of the machineries. So, it is required that the adjudicating authority should have examined the utilisation of the items and thereafter the order should have been passed. In view of the above discussions, the impugned order is set-aside. The matter is remanded to the adjudicating authority to decide afresh after examining the utilisation of these items.
|