Cenvat credit availment on inputs used for assembling storage tank

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..... Dear Sir, We are a paint mfg co, pleas advise whether we can avail cenvat credit of the materials i.e. Inputs used for assembling storage tank which is used for storage of solvents, water used in the manufacturing process. Please give us any references regarding this. - Reply By Ganeshan Kalyani - The Reply = Sir, please refer below given issue id. #1 Issue Id: - 109552 Dated: 17-12-2 .....

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..... 015 May your query be resolved. Thanks. - Reply By KASTURI SETHI - The Reply = It is a fact that final product cannot be manufactured without storage tank which is capital goods under Rule 2 (a) of Cenvat Credit Rules, 2004 . Hence in my view credit should be admissible in terms of Board's circular no.267/11/2010-CX dated 8.7.2010 (Para No.3 refers). This circular is based on the jud .....

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..... gement of Supreme Court. Read the whole circular carefully to ensure the eligibility as situation differs from case to case. - Reply By MUKUND THAKKAR - The Reply = I agree with view given by Sh. Kasturi Sethiji. - Reply By MADAN RAHEJA - The Reply = Dear Sir, Please check decision in 2013 (1) TMI 731 - CESTAT MUMBAI in the case of LSR SPECIALITY OILS PVT. LTD . on similar matter. - Rep .....

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..... ly By KASTURI SETHI - The Reply = Sh.Madan Raheja Ji, Thanks a lot for posting judgement. As per EXCUS, this has not been challenged by the department. - Reply By Ganeshan Kalyani - The Reply = Sir, also please refer 2010 (7) TMI 12 - SUPREME COURT OF INDIA decision in case of Commissioner Of Central Excise, Jaipur Versus M/s Rajasthan Spinning Weaving Mills Lt .....

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..... d. Thanks. - Cenvat credit availment on inputs used for assembling storage tank - Query Started By: - SANDESH SHINDE Dated:- 8-8-2016 Central Excise - Got 6 Replies - Central Excise - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax .....

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