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Corporate News *  Service tax penalty can’t survive when assessee acted on dept.’s own view of non-taxability: Delhi High Court. *  GST section 74 extended limitation questionable when form 26AS mismatch was already known: Karnataka High Court grants interim relief. *  CGST demand prima facie impermissible after state GST settlement under section 128A: Bombay High Court. *  Supreme Court asks GSTAT to sympathetically consider delay as taxpayers pursued remedy before wrong forum. *  Supreme Court stays Tripura High Court ruling protecting genuine buyers from ITC denial over supplier’s GST default. *  Diary entries alone can’t prove clandestine removal of goods: CESTAT quashes excise penalty on steel trader. *  Customs could investigate preferential tariff claims even before sec. 28DA: Delhi High Court. *  Customs dept. relied on fake AI generated case laws: supreme court quashes Rs. 425.28 crore penalty. *  No GST exemption in affiliation and annual registration charges for admission or conduct Of examinations: GSTAT. *  Mere invoices, cheque payments insufficient to establish genuine movement of goods: GSTAT restores Rs. 43.44 lakh ITC demand. *  Consolidated GST show cause notice covering multiple financial years is not without jurisdiction: Delhi High Court. *  Construction of independent houses on separate plots not taxable as ‘Residential Complex’ without common facilities: CESTAT. *  GST penalty exceeding statutory maximum unsustainable; Allahabad High Court quashes ? 50,000/- penalty after taxpayer filed return and paid late fee. *  GST order against standard chartered bank passed without hearing set aside by Bombay High Court. *  Retracted statements can’t be relied upon without cross-examination: CESTAT quashes gold confiscation. *  Burden to prove misclassification lies on customs department: CESTAT. *  CESTAT quashes Rs. 98 lakh excise demand on clearance of used refractory brick scrap. *  Service tax demand on irrigation works quashed: Karnataka High Court rules sale of goods component not taxable as service. *  GSTAT restores tax and penalty for transporting iron scrap without E-way bill citing intent to evade tax. *  Madras High Court stays GST recovery from directors without opportunity to show cause under section 89. *  Madras high court stays GST recovery notice against directors; finds prima facie case on applicability of section 79(1)(c). *  Procedural lapses can’t justify harsh punishment without serious customs breach: CESTAT quashes customs broker licence revocation. *  Service tax payable on land leasing and sports complex charges: CESTAT. *  Settled customs dispute can’t be reopened through Article 226 challenge to interest liability: Delhi High Court. *  Mere facilitation of customs clearance can’t establish knowledge of smuggling: Madras High Court. *  GST registration cancellation stayed: Allahabad High Court questions 99% ITC utilisation cap under rule 86B. *  Composition scheme lapses automatically on crossing Rs. 1.5 crore turnover: GSTAT. *  Gujarat High Court quashes GST cancellation orders after officer relied on non-existent AI-generated case laws. *  Importers liable for customs duty benefits availed through manipulated scrips: Delhi High Court. *  Procedural E-way bill lapse alone can’t justify penalty where genuine transaction and absence of tax evasion are established: GSTAT.
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PJ/Case Laws/2011-12/1190

Admissibility of credit on items used in the manufacture of Capital goods and parts thereof.

Case: Commr. Of C. Ex. & Cus, Vishakhapatnam-I versus Rashtria Ispat Nigam Ltd.
 
Citation: 2011 (267) E.L.T. 311 (A.P.)
 
Issue:- Admissibility of credit on items used in the manufacture of Capital goods and parts thereof.
 
Brief Facts:- The Assistant Commissioner disallowed Cenvat credit to the respondent-assessee in respect of steel sheets and coal used within the factory for fabrication of capital goods and parts thereon. In appeal, the Commissioner (Appeal) found that the items were used in the manufacture of capital goods and parts thereof and held them eligible for Cenvat Credit.
 
In appeal by Revenue, the Tribunal following the ruling given in India Sugars and Refineries Ltd. Versus CCE, Bangalore [2006 (205) E.L.T. 717 (Tri.)] in which the  judgment of P & H High Court in CCE, Chandigarh–II versus National Fertilizers Ltd [2002 (140) E.L.T. 372 (P & H)] and the judgment of the Tribunal in Jaypee Rewa Plant versus CCE, Raipur [(2003) 56 RLT 152 (LB)] was referred, held that the Revenue’s appeals was liable to be rejected. The Tribunal noted that the Commissioner (A) had gone into great detail and had applied the provisions of the Rule 2 of the Cenvat Credit Rules, 2004 and of Board’s Circular No. 31/90–CS8, dated 31.05.1990.
 
Hence, Revenue is in appeal before the High Court.
 
Appellant’s Contentions:- Revenue contended that the Tribunal had misconstrued Rule 2 of the CCR, 2004 and the Explanation thereof. It was submitted that in the light of the findings of the Original Authority that the goods in question were used for repairs of machinery, they did not fall within the scope of the “Capital goods”, as such, no Cenvat credit could be claimed upon it.
 
Reasoning of Judgment:- The High Court held that the definition of Capital Goods include not only goods falling under Chapter 82, 84, 85 and 90 of the CETA but also components, spares, and accessories of such goods, and moulds and dies which are used in the factory of the manufacturer of the final product, but not equipment and appliances used in an office. It is not even the case of the Revenue that the goods, for which the Cenvat credit was claimed, are equipment or appliances used in the office. It is their case that it is only if the goods are used in the manufacture of the final product, or are goods other than those used for repairs of capital goods, would they fall under the definition of the ‘Capital goods’. The distinction between the manufacturer of the final product and manufacture of final product must not be lost sight of. It is the goods that fall under the definition of the ‘Capital goods’ and used in the manufacturer’s factory.
 
Decision:- Appeal dismissed.
 

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