2013 (1) TMI 731

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Cenvat credit or not - Held that:- As per explanation to Rule 2(k) of the Cenvat Credit Rules, 2004, storage tanks have been specified as capital goods and, therefore, inputs which are used in the manufacture of capital goods are also eligible for Cenvat credit. It is not in dispute that the steel items such as MS angles, HR sheets have not been used in the construction of storage tank which is a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... r be set aside and the appeal be allowed. 3. On the other hand, the learned AR appearing for the Revenue strongly opposes the contention of the learned counsel and submits that these MS angle and HR sheets are being used by the appellant for a structure which is embedded to the earth. In view of the Tribunal's Larger Bench decision in Vandana Global Ltd. v. Commissioner of Central Excise, Ra .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ods specified at (i) and (ii) (iv) moulds and dies, jigs and fixtures; (v) refractories and refractory materials; (vi) tubes and pipes and fittings thereof; and (vii) storage tank, used - (1) in the factory of the manufacture of the final products, but does not include any equipment Or (2) for providing output service; 6. As per explanation to Rule 2(k) of the Cenvat Credit Rules, 200 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X