TMI Blog2014 (3) TMI 551X X X X Extracts X X X X X X X X Extracts X X X X ..... r final products as inputs for capital goods, or none of the above? (c) Whether the credit can be allowed in respect of goods like angles, joists, beam, channels, bars, flats which go into fabrication of such structures and plant? Held that:- Following Tribunal’s Larger Bench decision in Vandana Global Ltd. Vs. CCE, Raipur [2010 (4) TMI 133 - CESTAT, NEW DELHI (LB)] - there will be waiver of pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned consultant for the appellant has reasoned that the period of dispute in this case is prior to 7.7.2009, the date on which the definition of input given under Rule 2(k) of the CENVAT Credit Rules, 2004 was amended. The argument is that this amendment which purported to keep structural materials used in the manufacture / fabrication / construction of factory, buildings/shed etc., outside th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd stay of recovery in respect of the penalty imposed on the appellant while, in the second appeal, there will be a direction to the appellant to reverse the CENVAT credit in question, whereupon there will be waiver of pre-deposit and stay of recovery in respect of the penalty and interest on duty. The appellant shall reverse the said CENVAT credit within six weeks and report compliance to the Dep ..... X X X X Extracts X X X X X X X X Extracts X X X X
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