TMI Blog2018 (7) TMI 974X X X X Extracts X X X X X X X X Extracts X X X X ..... 11170-11171/2018 - Dated:- 12-2-2018 - Dr. D.M. Misra, Member (Judicial) and Shri Raju, Member (Technical) Mrs. Dimpie Gohil, Advocate for Appellant Shri L. Patra, AC (AR) for Respondent ORDER Per: Raju This appeal has been filed by M/s Essar Steel India Ltd. against denial of CENVAT Credit, demand of interest and imposition of penalty under Rule 15(2) of CENVAT Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944. 2. Learned Counsel for the appellant argued that the appellants are engaged in manufacture of steel. The appellants obtained a Gas Manufacturing Plant under the Plant Live Agreement. They availed CENVAT Credit on the items/goods used for the erection of Gas Manufacturing Plant tho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich are machinery, equipment, appliances and also components, spares and accessories of the goods falling under the aforesaid Chapters. In the present case, the plant has been set up using various machinery and equipments falling under Chapter 82, 84, 85 or 90 or components, spares or accessories of these goods and these facts are not disputed. Merely because the various machinery, equipment, appliances and parts have been assembled at the site to set up the Oxygen Plant and such a plant being immovable property, Cenvat credit is sought to be denied. Nowhere in the Cenvat Credit Rules, it is envisaged that the machinery, equipment, appliances or their components should be used as such in the manufacture of excisable goods. The manufacturing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 In the decisions relied upon by the appellant, the issues contested by the Revenue have been adequately addressed. For example, in the case of Pepsi Foods (supra), it has been held that ownership of goods is not a criterion for denial of credit on capital goods and even if it is leased for a particular period, the assessee is eligible to take Cenvat credit. In the present case, merely because M/s. Inox Air Products Ltd. has leased out the plant to the appellant, that does not disentitle the appellant from availing Cenvat credit of the excise duty paid on capital goods. Similarly, in the case of Gujarat Ambuja Cement Ltd. (supra), Rajarambapu Patil SSK Ltd. (supra) and KCP Ltd. (supra), this Tribunal and the Hon ble High Court of Himachal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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