9911796707
TMI Blog2018 (10) TMI 622X X X X Extracts X X X X X X X X Extracts X X X X ..... the factory of the appellant who is the manufactured, plates were used for Fabrication of Storage Tank which is subsequently used for production of final product, therefore, it is not only used in the factory also used in the relation to manufacture of final product. Therefore, HR Plates clearly qualified as inputs in terms of Rule 2 (k) of cenvat Credit Rules, 2004 - credit allowed. Laboratory Furniture - Held that:- Appellant are not contesting the demand of Cenvat Credit on the Laboratory Furniture and the same has been reversed by them - demand upheld. Demand of Interest - Held that:- Since the appellant maintained the credit balance throughout the period the interest is not chargeable, in terms of Rule 14, wherein, it is provided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is his submission that the Cenvat Credit balance is more than the credit reversed which was maintained throughout the period, therefore the same was not utilized hence the interest is not chargeable. 5. Shri. L.Patra, Ld. Assistant Commissioner (AR) appearing on behalf of the Revenue reiterates the finding of the impugned order. 6. On careful consideration of submission made by both the sides and perusal of records, I find that the Lower Authority denied the credit only on the ground that the HR Plates is not falling under the category of input. In this regard I have gone through the definition of input of the relevant time which is reproduced below:- 2(k) inputs Means:- (i)all goods used in the factory by the manufac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... separately from the customer . For the reading of the above definition I find that of the goods used in the factory by the manufacturer of the final product are inputs. As per this sub-clause A it is not required that the goods should be used in the final goods if it is used by the assessee in his factory whether the final product is not contained in the goods, it will quantify as input. There is no dispute that the HR Plates were used in the factory of the appellant who is the manufactured, plates were used for Fabrication of Storage Tank which is subsequently used for production of final product, therefore, it is not only used in the factory also used in the relation to manufacture of final product. Therefore, HR Plates clearly quali ..... X X X X Extracts X X X X X X X X Extracts X X X X
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