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2016 (6) TMI 606 - CESTAT HYDERABAD

2016 (6) TMI 606 - CESTAT HYDERABAD - 2016 (338) E.L.T. 308 (Tri. - Hyd.) - Credit on MS items used for repair and maintenance of storage tanks used for storing petroleum products - Held that:- The storage tanks are used for storing petroleum products. It is compulsory for the appellant to have these tanks kept under the earth as safety measure. This does not make a storage tank a civil structure. The product that is stored in these tanks are extremely dangerous and there are statutory norms to .....

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teel items used for repair and maintenance of storage tanks is admissible. - Decided in favour of assessee - E/22737/2014 - A/30302/2016 - Dated:- 28-3-2016 - Ms. Sulekha Beevi, Member(Judicial) Shri S.Srinivas Reddy, AR for the Appellant Shri Nitesh Kumar Kancharla, Advocate for the Respondent ORDER The appeal is filed by Revenue against the order passed by Commissioner (Appeals) which allowed credit on MS items used for repair and maintenance of storage tanks used for storing petroleum product .....

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dit, and ordered recovery of ₹ 22,08,075/- along with interest and imposed equal amount of penalty. In appeal, the Commissioner (Appeals) observed that in the appellants own case, the Cestat vide Final Order Nos. 20082 & 20083/2013, dated 20-01-2014 has allowed the credit. The Commissioner (Appeals) further observed that in Birla Corporation Ltd Vs CCE, Jaipur (2012-(276)ELT 376(Tri-Del) and Hindustan Zinc Ltd Vs CCE Jaipur-II, 2012(286) ELT 593(Tri-Del) the issue was held in favour of .....

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