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2018 (12) TMI 1023 - CESTAT KOLKATACENVAT Credit - capital goods - HS wagon - period of May, 2006 - Held that:- The capital goods has been defined under Rule 2(a)(A) of Cenvat Credit Rules, 2004, where certain goods have been specified by classification as well as by the description and such goods are required to be used in the factory of production of the final product. From the perusal of the definition of the “capital goods”, it is evident that the box HS wagon is classifiable under Chapter Heading 860692.90 which is not excluded from the definition of “capital goods”. The box HS wagon are being used for procurement of inputs as well as dispatch of output product from their factory. Going by the definition of the capital goods as extracted above, it can be seen that there is no bar on the use of the product as a capital goods, merely that the appellant has reversed the cenvat credit and interest thereon will not deprive from the substantive right for availing cenvat credit within Cenvat Credit Rules, 2004. Appeal allowed - decided in favor of appellant.
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