9911796707
TMI Blog2014 (1) TMI 1651X X X X Extracts X X X X X X X X Extracts X X X X ..... MI 346 - CESTAT BANGALORE] - Decided in favour of assessee. - APPEAL NOS. E/27172 & 27145/2013-SM, Application Nos. E/Stay/27471 & 27455/2013 - Final Order Nos. 20082-20083/2014 - Dated:- 20-1-2014 - B.S.V. Murthy, J. For The Appellant : Raghavendra B., Advocate For The Respondent : A.K. Nigam, Addl. Commissioner (AR) ORDER 1. Cenvat credit of duty paid on HR Sheets and Steel Plates used for maintenance of storage tanks by the appellant has been denied and credit utilized has been demanded with interest and penalty also has been imposed in the impugned orders. 2. The learned counsel submits that the issue is squarely covered by the decision of this Tribunal in the case of Cement Corporation of India v. CCE 2013 (29 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aforesaid items by treating them as capital goods falling under Rule 2(a)(A) ibid. They took the credit in question in RG 23C Part II, 50% thereof in one financial year and the rest in a subsequent year. At no stage before did they make any alternative claim. Nevertheless, they have made such a claim under Rule 2(k) before this Tribunal. In view of a Larger Bench decision of this Tribunal vide Commissioner v. Modi Rubber Ltd. [2000] (119) ELT 197 (Tri.-L.B)], this alternative plea is, prima facie, liable to be entertained. Accordingly, we have considered the plea. The steel items in question are claimed to have been used for repairs/maintenance of capital goods by way of replacement of old/worn out parts/components of such capital goods. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or. From the para reproduced above it becomes quite clear that when HR Steel Sheets, Plates etc. are used for repair and maintenance within the factory they would be eligible for credit. In this case there is an added factor to support the eligibility for the credit in the sense that the same have been used for repair and maintenance of storage tank which is specifically covered under the definition of 'capital goods'. 5. The issue is no longer res integra and is covered by the precedent decision. Therefore it would not be necessary or appropriate to postpone the final decision to a later stage by granting stay. Accordingly both the appeals are allowed with consequential relief, if any, to the appellants. (Order dictated a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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