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The CESTAT allowed the appellant's appeals, holding that CENVAT credit on duties paid for capital goods and inputs transferred to its Captive Power Plant within the factory premises was admissible, as there was no physical removal under rules 3(4) and 3(5) of the Credit Rules. The Captive Power Plant, despite separate accounting for Income Tax Act compliance, was part of the factory for excise purposes. Credit on iron and steel structures used in chimney erection qualified as capital goods accessories. The extended limitation period was unnecessary to consider. Penalties under section 11AC and rule 13, as well as interest, were set aside since the credit demand was unsustainable. The impugned order was reversed, and all appeals allowed.
The CESTAT allowed the appellant's appeals, holding that CENVAT credit on duties paid for capital goods and inputs transferred to its Captive Power Plant within the factory premises was admissible, as there was no physical removal under rules 3(4) and 3(5) of the Credit Rules. The Captive Power Plant, despite separate accounting for Income Tax Act compliance, was part of the factory for excise purposes. Credit on iron and steel structures used in chimney erection qualified as capital goods accessories. The extended limitation period was unnecessary to consider. Penalties under section 11AC and rule 13, as well as interest, were set aside since the credit demand was unsustainable. The impugned order was reversed, and all appeals allowed.
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