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2018 (9) TMI 2136 - CESTAT CHANDIGARHCENVAT Credit - inputs - C.R. Sheets, Rounds, H.R. Coils - denial on the premise that the said inputs itself are finished goods for some other industry, therefore, the same cannot be input for the appellant - no investigation has been conducted by the Revenue to establish the fact that these inputs have not been received by the appellant - HELD THAT:- Revenue has made allegation only on the basis of the fact that the inputs which have been shown by the appellants that they have received inputs are finished goods for some other industry and it can be used as input, these are finished goods by other industry. Therefore, the same cannot be inputs for the appellant but no investigation was conducted whether the appellant has received these inputs in their factory or not, how these inputs have been diverted by the appellants or the supplier. The allegation made against the appellant is merely on the basis of assumption and presumption, therefore, the said allegation is not sustainable. CBEC Circular No. 690/6/2003-CX dated 20.01.2003 has explained the position holding that Since the “Steal former” is actually consumed and is contained in the ingots and billets manufactured in the units, it is in the nature of an “input”. The Cenvat credit cannot be denied to the appellant - the impugned orders are set-aside - Appeal allowed.
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