TMI Blog2017 (8) TMI 1702X X X X Extracts X X X X X X X X Extracts X X X X ..... pital goods. However, as per Explanation 2 in rule 2(k) of CENVAT Credit Rules 2004, such goods, if used for manufacture of capital goods which are further used in the factory of the manufacturer, are to be considered as inputs and the definition of capital goods in the said rules includes moulds. Therefore, the contention of the appellant that the inputs, on which CENVAT credit has been availed, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Central Excise (Appeals), Nagpur is the entitlement to avail CENVAT credit of ₹ 75,908 on MS plates, angles, channels, beams and rounds procured in 2008-09, 2009-10 and 2010-11. The original authority found against the appellant and, in appeal, the impugned order upheld the demand for recovery, along with interest thereon, and the imposition of penalty. 2. The claim of the appellant is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t taxable. 3. Heard Learned Counsel for appellant and Learned Authorized Representative. 4. The use of steel items for fabrication of structures and structures for bearing machinery would appear to be excluded from the definition of capital goods. However, as per Explanation 2 in rule 2(k) of CENVAT Credit Rules 2004, such goods, if used for manufacture of capital goods which are further use ..... X X X X Extracts X X X X X X X X Extracts X X X X
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