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

2017 (4) TMI 795 - CESTAT HYDERABAD

2017 (4) TMI 795 - CESTAT HYDERABAD - TMI - CENVAT credit - MS items - denial on the ground that the MS items do not fall within the definition of capital goods - Held that: - it is seen from the certificate that the MS items have been used for fabrication of capital goods their parts/components/accessories thereof and also support structures for erection of the capital goods. - The only ground on which the department has sought to deny the credit is on the basis of the judgment in the case .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Hon’ble High Court of Andhra Pradesh in the case of Mundra Ports and SEZ Ltd, [2015 (5) TMI 663 - GUJARAT HIGH COURT]. The Hon’ble Court observed that the amendment dated 07.07.2009 brought forth to the definition of inputs does not have retrospective application. In the present case the period involved is prior to 07.07.2009 - credit allowed - decided in avor of assessee. - Appeal No. E/2364/2012 - Dated:- 23-3-2017 - Ms. Sulekha Beevi, C.S., Member (Judicial) Shri P. Dwarakanath, Advocate for .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

R-1 returns, it was noticed by the department that the credit availed on MS items is not eligible under the category of capital goods as these items do not fall within the definition of capital goods. A Show Cause Notice was issued proposing to recover credit to the tune of ₹ 21,63,879/- for the above period and also proposing to impose penalty. After due process of law, adjudicating authority confirmed the demand along with interest and imposed penalty. In appeal, the Commissioner (Appeal .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

iod is prior to 07.07.2009, when the amendment restricting the use of MS item for laying foundation, support structures and building etc, had not been introduced. The support structures form part of the capital goods and without such platform and support structures, the capital goods cannot be erected and put to function. A Chartered Accountant Certificate was submitted to establish the use of MS items in the factory which would explain the quantity and purpose for which MS items are used by the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

sions made before me. Though the Ld. AR, submits that the appellants did not maintain proper record for the use of MS items for fabrication of capital goods, the Ld. Counsel appearing for the appellant, has drawn my attention to the covering letter filed along with ER1 Returns. In this letter, it is seen that appellant has submitted the details of credit availed on MS items, the invoices relating to the MS items and the details of capital goods along with ER-1 Returns. The ER-1 Returns is the ba .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

hot stock from the furnace. 2. Platform made of heavy steel to facilitate movement of hot stock during several stages of rolling operations till required sizes of finished material is obtained. 3. Platform made of heavy steel structures to help the feed stock is fed into the re-heating furnace. 4. Various mounting structures made of steel to support fumes exhaust, furnace and Pollution Control Equipment. 5. Supporting steel structures for installing the transformers of very high capacity. 6. He .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

installation and commissioning of continuous casting machine called CONCAST machine alongwith structural support for the same. 4. Over head crane for billet handling, segregation and movement duly supported by super structure. 5. Steel structure for movement of billets and steel structure platform for storing hot billets. C. OTHER MACHINERY 1. Steel structures and other supports for the following machinery:- a. Gasifier b. MS Rolls c. High pressure water pumps with storage tanks d. Transformer y .....

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