TMI Blog2017 (4) TMI 1218X X X X Extracts X X X X X X X X Extracts X X X X ..... s in future and that too after a lapse of long period of over one and half years - Held that: - the issue is squarely covered by the judgments of this Tribunal in the case of CCE vs. M/s. Kyungshin Industrial Motherson Ltd. [2015 (11) TMI 899 - MADRAS HIGH COURT], where it was held that The Tribunal has rightly held that availment of Modvat credit on capital goods to be job work is in order - appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,612/- and demanding the duty of ₹ 90,45,059/- paid on waste and scrap with penal provisions. The adjudicating authority disallowed the credit of ₹ 43,01,612/- availed on capital goods and demanded duty of ₹ 64,959/- and appropriate interest under Section 11AB on the waste and scrap, imposing penalty of ₹ 64,959/- under Rule 13 of the CCR, 2001/2002 and dropped the demand o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... E, Indore vs. Surya Roshni Ltd.: 2002 (155) ELT 481 (Tri.-Del.) wherein it is held that the availability of modvat credit is to be looked into at the time of receipt of capital goods. If the capital goods are exclusively used for manufacture of exempted goods, the credit is not admissible. The learned AR further relied on the decision of the Tribunal in the case of M/s. Kirloskar Brothers Ltd. vs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v. CCE vs. M/s. Rajashri Packages Ltd.: 2011 (268) ELT 337 (Kar.) vi. CCE vs. M/s. Patel Alloys Steel Pvt. Ltd.: 2011 (4) TMI 420 (Tri.-Ahmd.) vii. M/s. Ashok Iron Works Pvt. Ltd. vs. CCE: 2006 (198) ELT 59 (Tri.-Bang.) viii. CCE vs. M/s. Sanmar Speciality Chemicals Ltd.: 2016 (43) STR 347 (Kar.) 6. After considering the submissions of both the parties, I find that the issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1) equivalent to Rule 6(4) of the Cenvat Credit Rules, 2004. The Tribunal has rightly held that availment of Modvat credit on capital goods to be job work is in order. For the reasons aforesaid, the substantial question of law is answered in favour of the assessee and against the Revenue. 7. Following the ratio of the above judgments, I do not find any merit in the departments appeal and the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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