Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

Comments

Print   |    |  Comment

PJ/Case Laws/2012-13/1401

Credit on H.R.Sheets, M.S. Plates and angles used in fabrication of tank covered under capital goods is admissible.

 
Case:-  SAKTA INX. (INDIA) LTD. Vs. C.C.E., JAIPUR-I
 
Citation:-  2012 (284)E.L.T. 701 (Tri. - Del.)

Brief Facts:-H.R. Sheets, M.S. Plates and angles were used in fabrication of oil tank which was a capital goods coming under Chapter 73 of Central Excise Tariff Act, 1975. Revenue denied the credit of the same on the ground that cement and steel used in the manufacture of capital goods viz., storage tank, if any structure for support of capital goods is constructed and steel and cement is used for such support, the assessee is not entitled to the bene­fit of cenvat credit on the duty paid on such cement and steel. Aggrieved by the order of lower appellate authority appellant filed appeal before Tribunal.
 
Appellant’s Contention:-Appellantsubmits that H.R. Sheets, M.S. Plates and angles were used in fabrication of oil tank which was a capital goods coming under Chapter 73 of Central Excise Tariff Act, 1975. The Tank so fabricated was to serve the purpose of manufacture. That was also not embedded to earth. Fur­ther he submits that the photographs filed clearly indicates that the tank was not in any way an immovable property because that can be dismantled for place­ment wherever required. Once the goods in question was not embedded to earth that comes within the frame work of Chapter 73 of the Tariff Act. Appellant further submit that such an issue was precisely before Hon'ble High Court of Karnataka in the case of Commissioner of Central Excise, Bangalore v. SLR Steels Ltd. reported in 2011-TIOL-892-HC-KAR-CX. = 2012 (280) E.L.T. 176 (kar.).
 
The appellant also reads paras 7 & 8 of the judgment to buttress his claim which reads as under:-
 
7. A perusal of the aforesaid provision makes it. very clear though storage tanks may be immovable property and the pollution control equipment are included within the definition of 'capital goods', input as defined in Rule 2(k) makes it clear that 'input' includes goods used in the manufacture of capital goods which are further used in the factory of the manufacture. Therefore, the input is not necessarily to be used in the manufacture of final product. By virtue of explanation 2 - goods used in the manufacture of capi­tal goods which are further used in the factory of the manufacturer of capi­tal goods which are further used in the factory of the manufacturer also falls within the definition of input. In 2009, this explanation has been amended to the following effect:
 
"but shall not include cement, angles, channels. Centrally Twisted Deform bar (CTD) or Thermo Mechanically Treated bar (TMT) and other items used for construction of factory shed, building or laying of foundation or making of structures for support of capital goods"
 
8. Therefore, the intention of the Legislature is very clear that it is only the 'inputs' used in the manufacture of construction of capital goods which is construed as input and cenvat credit is available on the duty paid in pur­chase of such inputs. If the cement, angles, channels, Centrally Twister De­form bar (CTD) or Thermo Mechanically 6 Treated bar (TMT) and other items are used in the construction of factory shed, building or laying of foundation, the duty paid on such items the assessee would not be entitled to cenvat credit. Similarly, though the assessee is entitled to cenvat credit of cement and steel used in the manufacture of capital goods viz., storage tank, if any structure for support of capital goods is constructed and steel and cement is used for such support, the assessee is not entitled to the bene­fit of cenvat credit on the duty paid on such cement and steel. Therefore, there is not ambiguity in any of these provisions. When once storage tank and pollution control equipment constitutes capital goods and any raw ma­terial purchased for construction of those goods, the duty paid could be utilised as a cenvat credit by the assessee notwithstanding the fact that the storage tank is as immovable property. Therefore, the appellate authority committed a serious error firstly in holding that the storage tank is an immovable property and secondly, on the ground that it cannot be knight and sold in the market, the criteria which is totally unwarranted under the circumstances. Therefore, the tribunal was justified in setting-aside the said order and holding that the assessee is entitled to the benefit."
 
Respondent’s Contention:-The Respondent supports the order passed by the Commissioner (Appeals).
 
Reasoning of Judgment:- The Tribunal heard both sides and perused the record. The Tribunal has given opportunity toRevenue to test the case in the light of the judgment of Hon'ble High Court of Karnataka and also to explain whether the factual background of the case of the appellant is covered by aforesaid judgment. The appellate order nowhere disputes as to the affixation of the capi­tal goods to earth. It is only a mechanical disallowance of cenvat credit by first appellate order without examining the use of the inputs in fabrication of the oil tank. Emergence of the oil tank is an admitted fact. That is also a capital goods under Chapter 73 of Tariff Act, 1975. Therefore, there should not be denial of Cenvat Credit on the input used. Hon'ble High Court of Karnataka examined Rule 2(k) of Cenvat Credit Rule 2004 in para 7 of the judgment and also found that the storage tank was capital goods which made the appellant in that case eligible to input credit. For the fact that the oil tank was not embedded to earth, the appellant is entitled to the Cenvat credit on inputs in the peculiar circum­stances of the present case.
 
Decision:- Appeal is allowed.
 
Comment:- The analogy drawn from this case is that often there is mechanical disallowance of cenvat credit by the department without even examining the facts of a particular case. Credit was clearly admissible in the present case as H.R. Sheets, M.S. Plates and angles were used in the fabrication of tank that was very well covered in the definition of capital goods but unnecessarily the credit was denied to the assessee.
 

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com