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TMI Blog2014 (3) TMI 551X X X X Extracts X X X X X X X X Extracts X X X X ..... beam, channels, bars, flats which go into fabrication of such structures can be treated as 'inputs' in relation to their final products as inputs for capital goods, or none of the above? (c) Whether the credit can be allowed in respect of goods like angles, joists, beam, channels, bars, flats which go into fabrication of such structures and plant? Held that:- Following Tribunal’s Larger Bench deci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l was made of the CENVAT credit in question. The learned consultant for the appellant has reasoned that the period of dispute in this case is prior to 7.7.2009, the date on which the definition of input given under Rule 2(k) of the CENVAT Credit Rules, 2004 was amended. The argument is that this amendment which purported to keep structural materials used in the manufacture / fabrication / construc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t appeal, there will be waiver of pre-deposit and stay of recovery in respect of the penalty imposed on the appellant while, in the second appeal, there will be a direction to the appellant to reverse the CENVAT credit in question, whereupon there will be waiver of pre-deposit and stay of recovery in respect of the penalty and interest on duty. The appellant shall reverse the said CENVAT credit wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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