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2023 (12) TMI 745 - CESTAT KOLKATACenvat credit - Demand of interest raised against the appellant treating the goods as capital goods - entitlement to take the cenvat credit of 50% of duty paid in the year of procurement of the said goods and remaining 50% in the successive year - HELD THAT:- It is found that the goods used as a damping/patching material in the blast furnace to provide high voltage to the furnace and prevent hot metal from coming out during the manufacture of the ferro alloys. As these items have been used and consumed by the appellant during the manufacturing process, therefore, these are to be treated as inputs not capital goods. The appellant has correctly taken the cenvat credit on the said goods as inputs. Therefore, the proceedings against the appellant are not sustainable - the demand of interest is not sustainable against the appellant - appeal allowed.
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