2014 (1) TMI 325

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..... filed for the waiver of pre-deposit of an amount of duty confirmed by the adjudicating authority as ineligible cenvat credit, interest thereof and equivalent amount of penalty. The adjudicating authority has come to such a conclusion on the ground that the appellant is not eligible for credit on the items like MS angles, beams, TMT bars, channels which have been used by them for the fabrication o .....

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..... period i.e. March 2006 to April 2009, there were various decisions which indicated that an assessee is eligible to avail cenvat credit on MS angles, beams, channels etc. if they are used in the factory for fabrication of machinery. We find that the decision of the Larger Bench of Vandana Global came in the year 2010. We are of the considered view that there can be bonafide belief of the appellant .....

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