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TMI Blog2015 (1) TMI 1090X X X X Extracts X X X X X X X X Extracts X X X X ..... nvat credit on inputs services. On scrutiny of the records, it was found that appellant is availing 100% Cenvat credit on rough forged rolls during the period 2006-2010 treating the said goods as inputs used in manufacture of capital goods which are further used in manufacture of final product. Whereas the said goods were used in the manufacture of rolling mill without undergoing any manufacturing process and therefore, the said goods appeared to be spares / components of rolling mill i.e. capital goods and credit on such goods was eligible under the category of capital goods as defined under Rule 2(A)(A)(iii) of the Cenvat Credit Rules, 2004. As per Rule 4 of the Cenvat Credit Rules, 2004, Cenvat credit in respect of capital goods received ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disposal as matter has been listed several times. 5. I have gone through the facts of the case and learned Commissioner in the impugned order has discussed the usage of the rough forged rolls and held that these are inputs not the capital goods. The finding of the learned Commissioner (Appeals) are reproduced as under: 5.3 I find that the appellant is a manufacturer of hot steel re-rolled products in the Rolling Mill manufacturing MS Joist, Flats etc. falling under chapter heading 72 of Central Excise Tariff Act, 1985. For manufacture of Steel Re-rolled products the appellant uses rolls machined which are essential for rolling mills and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ff Chapter Heading 84. Thus I find that forged rolls are inputs used for manufacture of specified capital goods i.e. machine rolls and as such are admissible for Cenvat credit in terms of Rule 2(k) of Cenvat Credit Rules, 2004. In the above facts and circumstances I do not find any reason for denying the credit availed on forged rolls as input and thus the appellant is entitled to avail 100% instant credit on such forged Rolls. Held accordingly. 6. Ongoing through the above observations of the learned Commissioner (Appeals), I find that these observations have not been controverted by the Revenue. Therefore, it is held that these rough forged rolls are nothing but inputs only. Therefore, the respondents are entitled to take Cenvat Credit o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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