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TMI BlogMS PLATE CHANEL AMGEL BEAM COLUMNX X X X Extracts X X X X X X X X Extracts X X X X ..... MS PLATE CHANEL AMGEL BEAM COLUMN X X X X Extracts X X X X X X X X Extracts X X X X ..... ply By Rajagopalan Ranganathan: The Reply: Sir, As per rule 2 (k) (B) of Cenvat Credit Rules, 2004- any goods used for - (a) construction or execution of works contract of a building or a civil structure or a part thereof; or (b) laying of foundation or making of structures for support of capital goods, except for the provision of service portion in the execution of a works contract or const ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ruction service as listed under clause (b) of section 66E of the Act are excluded from the definition of inputs. Therefore you are not eligible to avail the credit of duty paid on MS PLATE, ANGEL , CHANE, BEAM, COLUMN. Reply By KASTURI SETHI: The Reply: I support the views of Sh.Rajgopalan Ranganathan, Sir. Reply By YAGAY AND SUN: The Reply: Please check 2016 (1) TMI 917 - CESTAT NEW DELHI M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /s. Monnet Ispat & Energy Ltd. Versus Commissioner of Central Excise, Raipur 2015 (1) TMI 804 - MADRAS HIGH COURT The Commissioner of Central Excise Versus M/s. India Cements Ltd. Reply By SHARMA NARAYAN: The Reply: Dear sir, the same material we used to make storage tank in factory for manufacturing process the can we take cenvat credit if yes in which register RG23A PART-II or RG 23A PART ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C Mukesh Reply By Rajagopalan Ranganathan: The Reply: Sir, As per rule 2 (a) A (vii) of Cenvat Credit Rules, 2004 storage tank is a capital goods. But I feel that this definition has been incorporated when you buy a ready made tank on payment of duty. If you construct a tank using the raw materials mentioned by you within your factory no duty is payable since you are captively consuming the ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nk. Therefore the question of availing the credit of duty paid either on the tank or the inputs consumed in the construction of the tank does not arise. From the narration made by you I infer that you are constructing the tank captively using the inputs mentioned by you. Reply By SHARMA NARAYAN: The Reply: Sir, can we takc cenvat credit or not pls suggest Mukesh Reply By YAGAY AND SUN: The Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ply:
Yes you can avail the CENVAT credit on inputs which were being used in manufacturing of Storage Tank. It is settled legal position.
Reply By Ganeshan Kalyani:
The Reply:
In my view the credit is eligible. X X X X Extracts X X X X X X X X Extracts X X X X
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