2023 (12) TMI 745

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..... apital goods - entitlement to take the cenvat credit of 50% of duty paid in the year of procurement of the said goods and remaining 50% in the successive year - HELD THAT:- It is found that the goods used as a damping/patching material in the blast furnace to provide high voltage to the furnace and prevent hot metal from coming out during the manufacture of the ferro alloys. As these items have be .....

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..... ent of the said goods and remaining 50% in the successive year. 2. The facts of the case are that the appellant purchased certain goods, namely, Carbon Electrode Paste, Tamping Carbon Paste, Whytheat-A and Castable Refractory. 3. The Revenue is of the view that these goods purchased by the appellant are not inputs, but capital goods, therefore, the appellant is entitled to take cenvat credit of 50 .....

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..... g the manufacturing process, therefore, these are to be treated as inputs not capital goods. 8. In that circumstances, I hold that the appellant has correctly taken the cenvat credit on the said goods as inputs. Therefore, the proceedings against the appellant are not sustainable. 9. In view of this, I set aside the impugned order and hold that the demand of interest is not sustainable against the .....

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