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M/s. Penna Cement Industries Ltd, Versus CC, CE & ST, Guntur

2017 (2) TMI 611 - CESTAT HYDERABAD

CENVAT credit - tyres used for dumpers - denial on the ground that the tyres used for the dumpers do not fall within the definition of capital goods - Held that: - The Division Bench of the Tribunal in the recent decision rendered in the case of M/s .....

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d that the credit on tyres of dumpers is admissible under the category of inputs - credit allowed - appeal allowed - decided in favor of appellant. - E/20682/2014 - A/30051/2017 - Dated:- 5-1-2017 - Ms. Sulekha Beevi, C.S., Member(Judicial) Shri. B. .....

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eging irregular availment of credit under the category of capital goods during the period May, 2011 on the duty paid on tyers used for dumpers. After due process of law, the original authority dropped the proceedings holding that the appellant is eli .....

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credit. The appellants/assessee is now before the Tribunal. 2. On behalf of the appellant, the Ld. Counsel Shri. B Venugopal submitted that although the appellant had availed the credit under the category of capital goods, the credit on the Tyres use .....

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-TlOL-2582-CESTAT- DEL]. 3. Against this the Cd. AR, Shri. P.S Reddy reiterated the findings in the impugned order. He submitted that tyres used for dumpers do not fall within the definition of capital goods and therefore, the Commissioner (Appeals) .....

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gation raised is that the credit is not eligible under the category of capital goods. In the case of CCE Meerut vs. Modi Rubbers Ltd., [2000 (119) ELT 197 (Tri.-LB)] the Larger Bench of Tribunal has held that if the credit is not admissible under the .....

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