Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether tool kit and first aid kit supplied along with two-wheelers qualify as "input" eligible for Cenvat credit under the Cenvat Credit Rules, 2004.
Analysis: Rule 2(k)(i) of the Cenvat Credit Rules, 2004 defines input to include accessories of the final product cleared along with the final product. The kits were sold along with the two-wheelers and their cost formed part of the sale price. Rule 138 of the Central Motor Vehicles Rules, 1989 requires the vehicle to carry the prescribed tool kit and first aid kit, making them mandatory accessories for use with the vehicle. On that basis, the kits were treated as accessories of the final product and as goods used in relation to the manufacture and clearance of the vehicle.
Conclusion: The tool kit and first aid kit were held to be covered by the definition of input, and Cenvat credit was rightly availed by the assessee.
Final Conclusion: The demand, interest, and penalty could not be sustained, and the assessee succeeded on merits.
Ratio Decidendi: Goods supplied along with the final product as mandatory accessories required by law and cleared with the product fall within the definition of input for Cenvat credit purposes.