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TMI Blog2017 (1) TMI 86X X X X Extracts X X X X X X X X Extracts X X X X ..... ailing credit and therefore, there is no evidence to establish any suppression on the part of the appellant - As the issue whether the credit is admissible on MS items used for fabrication of capital goods /structural support was contentious during the relevant period, I find that the extended period is not invokable. The demand is held to be time barred - appeal allowed - decided in favor of appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Ld. Consultant Shri P.Dwarakanath submitted that the MS items were used for fabrication of induction furnace with its structural support for movement on a platform fabricated for use of the induction furnace, ladle and MS moulds. It was also used in gantry crane-heavy supporting columns for movement of crane and also for the mandatory pollution equipment-chimney. The Ld. Counsel relied upon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of facts on the part of appellant. 3. On behalf of the department, the Ld. AR, Shri.P.S.Reddy reiterated the findings in the impugned order. He submitted that the subject items and used for the fabrication of plant and machinery when fixed to earth become immovable and therefore, become capital assets. That the credit has been rightly denied. 4. The issue whether the subject items is eli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, 2016(332) ELT 356(Tri. Del) , the Tribunal has analysed the issue, whether extended period is invokable when assessee has disclosed the details of credit in ER-1 returns . As the issue whether the credit is admissible on MS items used for fabrication of capital goods /structural support was contentious during the relevant period, following the decisions, as discussed above, I find that the ex ..... X X X X Extracts X X X X X X X X Extracts X X X X
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