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    <title>2014 (7) TMI 103 - CESTAT NEW DELHI</title>
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    <description>MS plates, MS sheets and similar items used for repair and maintenance of existing plant and machinery were held eligible for Cenvat credit. A denial based on a new allegation that the items were used for supporting structures and foundations could not be sustained where that basis was not set out in the show cause notice. The appellate stage could not introduce a different factual ground for disallowance. The note also records that the issue was covered by decisions recognising credit on steel plates used for repair and maintenance of plant and machinery, so the denial of Cenvat credit was not sustainable and the appeal was allowed.</description>
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    <pubDate>Tue, 06 Aug 2013 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=249066</link>
      <description>MS plates, MS sheets and similar items used for repair and maintenance of existing plant and machinery were held eligible for Cenvat credit. A denial based on a new allegation that the items were used for supporting structures and foundations could not be sustained where that basis was not set out in the show cause notice. The appellate stage could not introduce a different factual ground for disallowance. The note also records that the issue was covered by decisions recognising credit on steel plates used for repair and maintenance of plant and machinery, so the denial of Cenvat credit was not sustainable and the appeal was allowed.</description>
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