Contact us   Feedback   Annual Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2016 (11) TMI 926 - CESTAT HYDERABAD

2016 (11) TMI 926 - CESTAT HYDERABAD - TMI - CENVAT credit - MS plates, MS angles, MS channels, MS sheets - whether the appellant is eligible for credit availed on MS items which according to the appellant were used for fabrication of parts/accessories/components of capital goods and also for repair and maintenance of various machinery and equipment? - Held that: - On perusal of the list showing the purpose for which the subject items were used by the appellant, it is seen that the MS channels w .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

er used for fabricating the parts / components / accessories of capital goods or for repair and maintenance of such machinery and equipment. The issue whether MS items used for fabrication of capital goods / accessories or components and also whether they can be used for repair and maintenance is no longer res integra. The issue stands settled by the decisions relied upon by the appellant as well as by the decisions passed by the Tribunal in the case of Madras Cements Ltd. Vs. CCE, Hyderabad [20 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ailing the facilities of CENVAT credit of duty paid on inputs, input services and capital goods. During the course of verification of records, it was observed by the Department that during the period from April 2009 to December 2009, appellants availed CENVAT credit of duty paid on MS plates, MS angles, MS channels, MS sheets to the tune of ₹ 4,66,155/- under the category of capital goods. A show-cause notice dt. 13/04/2015 was issued to the appellant alleging that the MS items do not fall .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

aggrieved by the disallowance of credit of ₹ 2,82,000/- and penalty imposed, the appellant has preferred the present appeal. 2. On behalf of the appellant, learned counsel Shri Lalit Mohan Chandana submitted that the sole allegation raised in the show-cause notice is that appellant availed credit of MS items under the category of capital goods and that these items do not fall within the definition of capital goods. He adverted to the list of MS items used in the factory for various purpos .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

311 (AP)] also MS items used for repair and maintenance is eligible for credit. 3. The above contentions raised by the appellant was refuted by the learned AR Shri P.S. Reddy who submitted that the appellant has failed to establish by producing sufficient documents, the purpose of which the MS items were used within the factory. He argued that the appellant ought to have produced the issue slips, work orders and such other documents to establish the purpose for which the MS items were used. In a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

es/components of capital goods and also for repair and maintenance of various machinery and equipment. The appellant has filed detailed reply to the show-cause notice. Along with that replay, he has submitted an annexure in which the appellant has given details [description of the various MS items and also the purposes for which they were used. Again on 22/10/2010, the appellant has issued a further letter to the Department giving details of the use, purpose, for which the subject items were use .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version