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TMI Blog2014 (7) TMI 27X X X X Extracts X X X X X X X X Extracts X X X X ..... us itmes viz.,angles, channels, beams etc. as inputs, being used in the fabrication/manufacture of various machineries, which are capital goods, and in turn, installed and used in the factory for processing/manufacturing the finished goods namely, Sponge Iron. He submits that they had furnished a Chartered Engineers Certificate dated 10.04.2011, whereby they had furnished a detailed working of receipt, use of the said angles, channels, beams etc. in the manufacture of capital goods in their factory and also its use in the structurals. He submits that they had themselves calculated the quantity of such steel items that were used in the structurals, and reversed CENVAT Credit amounting to Rs.17,57,802/- and communicated to the Department, vid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng both sides, we find that the Appeal itself could be disposed off, at this stage. Hence, with the consent of both sides, we have taken up the Appeal for final disposal. 5. We find that the controversy centers around the fact of eligibility of CENVAT Credit on inputs/raw materials, namely, angles, channels, beams etc., which the Applicant claim to have been used in the fabrication/manufacture of machineries which fall under the headings specified at Rule 2(a) of the CENVAT Credit Rules, 2004, even though the specific headings/sub-headings had not been mentioned in the Chartered Engineers Certificate produced by them. On the other hand, the Revenues claim is that in the Chartered Engineers Certificate, even though reference has been made t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... artment, to come to a finding as to what quantity of these items had been used in the machineries and/or in the structurals. Thus, in the interest of justice, we remit the matter to the ld. Commissioner for deciding the case afresh, after carrying out necessary verification. Accordingly, the Appellant are directed to make a further deposit of Rs.8.00 lakh (Rupee eight lakh), within a period of eight weeks from today, and report compliance directly to the ld. Commissioner. After recording compliance, the ld. Commissioner would decide the matter afresh. All issues are kept open. Needless to mention that a reasonable opportunity of hearing be granted to the Appellant. The Appeal is allowed by way of remand in above terms. Stay Petition dispose ..... X X X X Extracts X X X X X X X X Extracts X X X X
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