2015 (10) TMI 2342 - AT - Central Excise

CENVAT Credit - whether the respondent is entitled to avail cenvat credit on MS round and pig iron which has been used by them for repair and maintenance of plant and machinery or not - Held that - issue has already been settled by Hon ble Rajasthan High Court in the case of Hindustan Zinc Ltd. 2006 (5) TMI 44 - HIGH COURT RAJASTHAN which has been affirmed by the Hon ble Apex Court wherein it has been held that any inputs used for repair and maintenance of plant and machinery is entitled for cenvat credit. Therefore, issue is no more res integra. - Decided against Revenue.

Summary

The appellate tribunal in New Delhi ruled that the respondent is entitled to avail cenvat credit on MS round and pig iron used for repair and maintenance of plant and machinery. The decision was based on a previous ruling by the Rajasthan High Court, affirmed by the Apex Court. The tribunal dismissed the Revenue's appeal as it found no merit in challenging the cenvat credit allowed to the respondent.