2014 (2) TMI 871 - AT - Central Excise

Manufacturer's appeal allowed, input credit disallowance overturned for 'Fixed Facility Charges' paid. Waiver granted, proceedings stayed.

The Appellate Tribunal CESTAT KOLKATA allowed the manufacturer's appeal, overturning the disallowance of input credit for 'Fixed Facility Charges' paid to ... Disallowance of input credit availed - Fixed Facility Charges - Adjudicating authority concluded and in our prima-facie view erroneously, that facilitation charges are not in respect of any identifiable commodity consumed in the manufacture of the final product - Held that:- This view is prima facie not sustainable. In this view of the matter, we grant waiver of pre-deposit in full and stay all further proceedings pursuant to the impugned adjudication order pending disposal of appeal - Stay granted. The Appellate Tribunal CESTAT KOLKATA allowed the appeal of a manufacturer of iron and steel regarding disallowance of input credit for 'Fixed Facility Charges' paid to M/s. Goyal MG Gases (P) Ltd. The Tribunal found the disallowance not sustainable and granted waiver of pre-deposit, staying further proceedings pending appeal disposal.