TaxTMI 
TaxTMI 
Whether Dumper (HEMM) used in coal industry for loading and unloading of coal from collery to dispatch place , are Capital Goods or not? if yes then in which code of excise.
Capital Goods
03 Jun 2011 
2 Replies 
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Capital goods classification: dumpers may be treated as capital goods for specified services when registered to the output service provider.
Treatment of dumpers as capital goods depends on statutory framing: one position treats dumpers registered to the output service provider and used in specified services (site formation, excavation, earthmoving, demolition and mining) as capital goods for capitalisation; another position, applying the excise credit rules definition, finds such dumpers outside the definition and ineligible for CENVAT credit, suggesting industry representation for clarification or amendment. (AI Summary)
Treatment of dumpers as capital goods depends on statutory framing: one position treats dumpers registered to the output service provider and used in specified services (site formation, excavation, earthmoving, demolition and mining) as capital goods for capitalisation; another position, applying the excise credit rules definition, finds such dumpers outside the definition and ineligible for CENVAT credit, suggesting industry representation for clarification or amendment. (AI Summary)