TMI Blog2015 (5) TMI 737X X X X Extracts X X X X X X X X Extracts X X X X ..... arnataka referred to above. As regards the Packing Plant, the appellants have already deposited the entire amount of CENVAT Credit with interest. Treating this as sufficient, the requirement of predeposit of balance dues is waived and stay against recovery is granted during the pendency of appeal. - Stay granted. - E/Stay/26173/2013, E/25876/2013-DB - - - Dated:- 20-11-2014 - B. S. V. Murthy An ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 (Kar)]. The relevant observations of the Hon'ble High Court are contained in Paragraph-8 of the decision and the same are reproduced for better appreciation. 8. Therefore, the notification of the Legislature is very clear that it is only the inputs used in the manufacture or construction of capital goods which is construed as input and cenvat credit is available on the duty paid in pur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ital goods and any raw material purchased for construction of those goods, the duty paid could be utilized as a cenvat credit by the assessee notwithstanding the fact that the storage tank is an immovable property. Therefore, the appellate authority committed a serious error firstly in holding that the storage tank is an immovable property and secondly, on the ground that it cannot be bought and s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant may have a case for the benefit of CENVAT credit in respect of steel and cement in view of the decision of the Hon'ble High Court of Karnataka referred to above. As regards the Packing Plant, the appellants have already deposited the entire amount of CENVAT Credit with interest. Treating this as sufficient, the requirement of predeposit of balance dues is waived and stay against recov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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