9911796707
TMI Blog2013 (11) TMI 844X X X X Extracts X X X X X X X X Extracts X X X X ..... he applicant has submitted that the said amount of Cenvat Credit which has been denied to the applicant comprises of following components: Around 17.07 crores relates to storage tanks e.g. Precipitation Tanks, Discharge Tanks, Digestion Tanks, Condensation Tank etc. Around Rs.2.05 crores relates to pipes fittings and 1.35 crores relates to internal pipe tanks. Around 63.15 lakhs relates to various input services on which credit has been availed by them. The Ld. Advocate further submitted that on the issue of storage tanks, this Tribunal has granted unconditional stay following the decision of the Hon'ble Karnataka High Court in the case of Commr. of Central Excise, Ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal in the case of M/s. Bindal Sponge Ltd. Vs. Commr. of Central Excise, Customs & Service Tax-BBSR-I vide order No. S-142/KOL/2013 dated 16/04/2013. On the aspect of the Cenvat Credit availed on Storage Tanks, the Ld. Special Counsel has submitted that in view of various Rules of structure, the goods when embedded to earth, it becomes immoveable property and treated as a goods, accordingly not excisable. Hence no Cenvat credit could be availed on such immoveable property. In support he has referred to the judgment of Tribunal in the case of Triveni Engineering & Industries Ltd. Vs. Commr. of Central Excise-2000 (120) ELT 273 (S.C.). The Ld. Special Counsel further submitted that the applicant could not able to discharge their burden as re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, Beams etc. has gone to the manufacture of structural but since the Department has recorded that inputs involved in credit of Rs.9.74 Crores has gone to the manufacture of structural which needs scrutiny by the Adjudicating Authority on the basis of the evidence submitted by them. The Ld. Advocate further reiterated the submission that the company is in a very bad shape and direction of any deposit would cause undue hardship. However, he has offered to deposit Rs.1.00 Crores (Rupees One Crore). 5. Heard both sides and perused the records. We find prima facie that the applicant's case relating to storage tanks involved a total credit of Rs.17.17 Crores and claimed to be relating to Storage Tank. Further on a verification report submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
