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2017 (8) TMI 990 - AT - Central ExciseCenvat credit - Channels, Beams, Angles, etc - Explanation 2 to definition of inputs under Rule 2(k) of Cenvat Credit Rules, 2004 - Held that - it is very clear that through Installation Certificate the items used on which Cenvat credit was taken were used for increasing the strength of Storage Tanks. Therefore, I hold that they were used in relation to the manufacture of capital goods and therefore as per definition of inputs and capital goods they were eligible for Cenvat credit - Appeal allowed - decided in favor of the assessee.
Issues:
Admissibility of Cenvat credit on certain goods used in the manufacture of capital goods. Analysis: The appellant, engaged in the manufacture of Paper & Paperboard, availed Cenvat credit on items like Channels, Beams, Angles, etc. The Revenue contended that the Cenvat credit on these goods was not admissible. A show cause notice was issued proposing to disallow the credit. The appellant argued that the goods were used to strengthen Storage Tanks for storing Caustic Lye in the Caustic Recovery Plant of the Paper Factory. The Original Authority confirmed the demand and imposed a penalty. The appeal was filed before the Commissioner (Appeals) who upheld the Original Authority's decision. During the hearing, the appellant's counsel referred to the definition of inputs and capital goods, along with an Installation Certificate dated 5-6-2010, certifying that the items were used to increase the strength of the Storage Tanks for Caustic Lye in the Paper Factory. The Departmental Representative supported the Order-in-Appeal. Upon review of the arguments and records, it was established that the items for which Cenvat credit was taken were indeed used to enhance the strength of the Storage Tanks. Consequently, it was determined that these items were used in relation to the manufacture of capital goods, making them eligible for Cenvat credit. As per the definitions of inputs and capital goods, the appellant was deemed entitled to the Cenvat credit amounting to ?1,05,130. The appeal was allowed, and the impugned Order-in-Appeal was set aside, granting relief to the appellant as per the law.
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