TMI Blogcenvat creditX X X X Extracts X X X X X X X X Extracts X X X X ..... Dear sir, Can we take cenvat credit on Reinforcement Steel which is used in for preparion of Stack (Chimni) we can not take credit on cement i am sure about that but what about reinforcement steel structure steel use for structure and plant and machinery. - Reply By Rajagopalan Ranganathan - The Reply = Sir, Rule 2 (k) of Cenvat Credit Rules, 2004 excludes from the definition of ' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ;inputs' any goods used for - (a) construction or execution of works contract of a building or a civil structure or a part thereof; or (b) laying of foundation or making of structures for support of capital goods, except for the provision of service portion in the execution of a works contract or construction service as listed under clause (b) of section 66E of the Act. Services ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... listed under Section 66 E (b) of Finance Act, 1994 are construction of a complex, building, civil structure or a part thereof, including a complex or building intended for sale to a buyer, wholly or partly, except where the entire consideration is received after issuance of completion-certificate by the competent authority. Therefore in my opinion you are not eligible to take credit of du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty paid on reinforcement steel structure steel - Reply By Ganeshan Kalyani - The Reply = I agree with the views of Sri Rajagopalan Sir. But i would like to state that the steel being a integral part of chimney and chimney is essential as per factory act. The chimney is a capital goods and therefore the steel is also to be considered as capital goods and hence credit should be allowed. In vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ew of the above I would like to appeal that if the amount of credit is substantial then a reference of case law should be taken. - Reply By Ganeshan Kalyani - The Reply = Refer, Honble Supreme Courts decision in the case of Commissioner Vs. Rajasthan Spinning Weaving Mills Ltd. [2010 (7) TMI 12 - SUPREME COURT OF INDIA] , where the Apex court allows CENVAT credit on steel items (Plates and M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .S. Chennels) keeping in view of the user test. - Reply By MARIAPPAN GOVINDARAJAN - The Reply = I agree with the views of Shri Ranganathan - cenvat credit - Query Started By: - SHARMA NARAYAN Dated:- 5-1-2017 Central Excise - Got 4 Replies - Central Excise - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanage ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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