TMI Blog2016 (12) TMI 718X X X X Extracts X X X X X X X X Extracts X X X X ..... in the above appeal is the admissibility of credit availed on MS Angled, Plates , Channels etc. 2. The appellants are manufacturers of bulk drugs and are availing the facility of Cenvat credit on input and capital goods. A show cause notice was issued on 24-11-2009 covering the period December, 2006 to July, 2009, alleging irregular availment of credit on MS A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t was availed prior to 07-07-2009 and the Ld. Counsel argued that the demand has been confirmed by the department merely relying on the decision laid in Vandana Global Ltd. (2010(253)ELT-440(Tri. Lb) 4. Against this the Ld. AR Gunaranjan reiterated findings in the impugned order. He submitted that the subject items do not fall within the definition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ltd Vs CCE, Chennai reported in 2015-TIOL-650-HC-MAD-CX, the Honble High Court of Madras held that credit availed on MS items used for fabricating structural support is eligible, as without such support of the machines cannot be used without vibration and manufacturing process cannot be carried out. The Tribunal in the case of CUS & CE Viskahapatnam Vs APP Mills Ltd. had occasion to consid ..... X X X X Extracts X X X X X X X X Extracts X X X X
|