https://www.taxtmi.com/caselaws?id=221686 Inputs used to fabricate an oil tank used in the factory qualified for Cenvat credit under Rule 2(k) of the Cenvat Credit Rules, 2004. The tank was treated as capital goods and was admitted to fall under Chapter 73 of the Central Excise Tariff Act, 1975. Credit could not be denied merely because the tank was characterised as immovable property, since the factual position showed it was not embedded to earth. The appellate denial, made without properly examining the use of the inputs in fabrication, was therefore unsustainable and credit was held admissible. en-us Tue, 10 Jul 2012 00:00:00 +0530 Mon, 25 Mar 2013 14:50:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=221686 Inputs used to fabricate an oil tank used in the factory qualified for Cenvat credit under Rule 2(k) of the Cenvat Credit Rules, 2004. The tank was treated as capital goods and was admitted to fall under Chapter 73 of the Central Excise Tariff Act, 1975. Credit could not be denied merely because the tank was characterised as immovable property, since the factual position showed it was not embedded to earth. The appellate denial, made without properly examining the use of the inputs in fabrication, was therefore unsustainable and credit was held admissible. Case-Laws Central Excise Tue, 10 Jul 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=221686