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TMI Blog2012 (9) TMI 709X X X X Extracts X X X X X X X X Extracts X X X X ..... me reasoning the assessing authority ought to have extended the benefit to the syrup and molasses storage tank also, as they are byproducts in the course of manufacturing activity which are also excisable at the time of selling the same to the assessee. As the assessing authority has himself extended the benefit to storage tank storing water as a component to main machinery namely, boiler, he ought to have extended the benefit to the storage tanks which are also part of the factory premises, in which the byproducts are stored and thereafter sold as a finished product. In that view of the matter,no justification to interfere with the orders passed by the appellate authority - No substantial question of law arises for consideration - in fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xcise. On careful consideration of the entire material, the first appellate authority held that the Hon'ble Tribunal and High Courts have repeatedly held that such items used as structural and parts and accessories of installed capital goods for their repair and maintenance are eligible for credit both as capital goods as well as inputs. Therefore, the order-in-original was set aside and he declared that the assessee is eligible for availment of Cenvat credit as 'capital goods'. Aggrieved by the said order, the Revenue preferred the appeal before the Tribunal. 5. The Tribunal on careful consideration and re-examination of the entire material on record, held that the respondents had taken and utilised the Cenvat credit in respect of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re, the assessee is not entitled to the benefit of Cenvat Credit. Though in the definition of Rule 57-Q the storage tank was not included, it is clear from the afore-said definition that the tubes, pipes and fittings thereof used in the factory were included in the definition of capital goods. The storage tank has been held to be a component to the main machinery namely, boiler and the benefit is extended to the inputs used in the construction of the storage tank though it is also embedded to the land. On the same reasoning the assessing authority ought to have extended the benefit to the syrup and molasses storage tank also, as they are byproducts in the course of manufacturing activity which are also excisable at the time of selling the s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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