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2016 (8) TMI 884 - CESTAT Mumbai

2016 (8) TMI 884 - CESTAT, Mumbai - 2016 (338) E.L.T. 313 (Tri. - Mumbai) - Invokation of extended period of limitation - Revarsal of Cenvat credit - Steel Structure material - bonafide belief that capital goods credit can be availed on structural - goods were received classifiable under Chapter 84 - no dispute regarding use of the said goods within the factory of manufacture - Held that:- the decisions cited by Revenue are in case where the inputs have been received classifiable under Chapter 7 .....

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oked. - Decided in favour of appellant - Appeal No. E/1754/11-Mum - ORDER NO. A/87783/2016-WZB/SMB - Dated:- 3-6-2016 - SHRI RAJU, MEMBER (TECHNICAL). Shri V.B. Gaikwad, Advocate for the Appellant. Shri S.V. Nair, Assistant Commissioner (AR) for the Respondent. ORDER: The appellant, M/s Kisanveer Satara SSK Ltd., availed capital goods CENVAT Credit on structure of machineries. A show-cause notice was issued to the appellant seeking reversal of the said credit on the ground that the credit of Ste .....

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know that capital goods credit is not available on structure. He argued that different Benches of the Tribunal had earlier taken different view in respect of the capital goods credit on structural. He further argued that the definition of capital goods at the material time included all goods falling under Chapters 82, 84, 85 and 90 of the First Schedule to the Central Excise Tariff Act, 1985. He further argued that all the goods including structural were received classified under heading 8438.9 .....

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