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TMI Blog2024 (5) TMI 1174X X X X Extracts X X X X X X X X Extracts X X X X ..... e certificate issued by a Chartered Engineer - during the impugned period, the issue was in dispute as to whether an assessee is entitled to take CENVAT Credit on the above said steel items as inputs or capital goods - the extended period of limitation is not invokable in the facts and circumstances of the present case. As the appellant has been able to establish that the items in question have been used in the fabrication of their capital goods, in these circumstances, the appellant has correctly availed the CENVAT Credit. The impugned order is set aside - appeal allowed. - HON BLE SHRI ASHOK JINDAL , MEMBER ( JUDICIAL ) And HON BLE SHRI K. ANPAZHAKAN , MEMBER ( TECHNICAL ) Shri Gopal Mundhra , Advocate for the Appellant Shri Debapriya S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .L. 462 (Chhattisgarh)] wherein the Hon ble High Court observed as under: - 4. In the light of the contents of the impugned order of the Tribunal and submissions of the assessee and the Revenue following substantial questions of law are formulated for consideration : (A) Whether the terms capital goods excludes the structures embedded to earth? (B) Whether the goods like angles, joists, beams, bars, plates, which go into fabrication of such structures are not to be treated as input used in relation to their final products as inputs for capital goods, or none of the above? (C) Is the amendment brought in CENVAT Credit Rules, 2004 as per Rule 2 of the CENVAT (Amendment) Rules, 2009 retrospective in nature considering is it clarificatory to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ran Sugars also considered the issue as to the effect and fundamental value of the evidentiary statement made by the Finance Minister dealing with an amendment in the budget speech. 7. Section 37 of the Central Excise Act, 1944; for short, the Act , is a rule making power. Section 37(2)(xvia) provide for the credit of duty paid or deemed to have been paid on the goods used in, or in relation to, the manufacture of excisable goods. Section 37(2A) of the Act - The power to make rules conferred by clause (xvi) of sub-section (2) shall include the power to give retrospective effect to rebate of duties on inputs used in the export goods from a date not earlier than the changes in the rates of duty on such inputs. Though the power to make rules i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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