9911796707
TMI Blog2018 (5) TMI 535X X X X Extracts X X X X X X X X Extracts X X X X ..... appellants herein had purchased SS Plates, Sheets, Coils etc., and availed the CENVAT credit of the Central Excise duty paid on such goods, the said goods were used for fabrication of various vessels and tanks which are further put to use in the factory premises. Lower Authorities were of the view, that CENVAT credit so availed is incorrect and directed the appellant to reverse the same; Show Cause Notice dated 07.03.2014 was issued which was adjudicated and demand for the CENVAT credit availed, along with interest and penalty was confirmed against the appellant. 4. Learned Counsel draws my attention to the definition of inputs as provided under Rule 2(k) of the CENVAT Credit Rules, 2004 and submits that though the appellant had availed CE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity as also rejected the same. 7. I find from Order-in-Original in paragraph No. 12, the Adjudicating Authority has recorded that appellant had enclosed annexure containing details of usage of the said SS Plates and Steels. The said usage of the goods in manufacturer of receivers has been summarily dismissed by the lower authorities without even considering the said arguments in its correct perspective by recording that appellant did not mention the details of such items claimed to have been manufactured in the periodical returns. It is seen that no where it has been disputed that there was receipt of a said SS Sheets and Coils in the factory premises of the appellant. I find that the definition of inputs during the relevant period under R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e manufacturer of final products are eligible for availment of CENVAT credit. In my considered view, the provisions of Rule 2(k) of CENVAT Credit Rules are very clear, the denial of CENVAT credit to appellant on SS Plates, Sheets and Coils is totally negating the spirit of CENVAT credit on the inputs used in the factory premises of the assessee. In my view, the claim of the assessee that they have used SS Plates, Sheets etc., for fabrication of receivers being acceptable and objections of Revenue being technical, CENVAT credit cannot be denied. 8. In view of the foregoing, the impugned order is set aside and the appeal is allowed with consequential reliefs, if any. (Operative part of this order was pronounced in open court on conclusion o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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