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TMI Blog2023 (4) TMI 165X X X X Extracts X X X X X X X X Extracts X X X X ..... at the material time, any item which is used in or in relation to the manufacturing activity directly or indirectly will qualify for Cenvat Credit. In the case law of A.C.C. Ltd. cited supra, the Tribunal has held that the assessee will be eligible for the Cenvat Credit for the foundation bolts purchased by them. For coming to this conclusion, they have relied on the case law of RELIANCE INDUSTRIES LTD. VERSUS COMMISSIONER OF C. EX., SURAT [ 2005 (10) TMI 203 - CESTAT, MUMBAI] . Time Limitation - HELD THAT:- It is an admitted fact that the Cenvat Credit taken on the foundation bolts has been reflected by them in their ER-1 Returns in 2007 and 2008. They have also enclosed copies of RG-23C records, wherein the Credit taken for the found ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ET 8555.9000 by the manufacturer of the goods who has issued Invoice No. 45 dated 4/07/2007. Therefore, they have correctly taken the Cenvat Credit as capital goods by taking 50% credit in the first year and balance 50% Credit in the second year. They also contested the Show Cause Notice on limitation submitting that since all the details were furnished in the ER-1 Returns, there is no suppression on their part. After due process, both the Lower Authorities confirmed the demand. Hence, the Appellant is before the Tribunal. 2. The Ld. Advocate submits that they have taken the credit correctly under the heading of Capital goods since the supplier had classified the same under CET8455. The classification adopted by the vendor at their end c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... undation bolts as Capital goods, taking the Cenvat Credit in two different years. Even otherwise as per the definition of inputs in terms of Rule 2 (k) of CCR, 2004 as it stood at the material time, any item which is used in or in relation to the manufacturing activity directly or indirectly will qualify for Cenvat Credit. In the case law of A.C.C. Ltd. cited supra, the Tribunal has held that the assessee will be eligible for the Cenvat Credit for the foundation bolts purchased by them. For coming to this conclusion, they have relied on the case law of Reliance Industry vs. CCE 2007 (210) ELT 422 (Tri.-Mum). 7. In view of the foregoing, the OIA is set aside on merits. 8. Coming to the limitation issue raised by the Ld. Advocate, it is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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