https://www.taxtmi.com/caselaws?id=1254 Welding electrodes used for repair and maintenance of plant and machinery are not eligible for Cenvat credit, either as inputs or as capital goods, because prior Tribunal decisions, including a Larger Bench ruling, had already negated that claim. The assessee's use of the electrodes for maintenance did not change their ineligibility, so the credit was disallowed. Continued retention of the inadmissible credit after being informed that it was not allowable, without reversal, supported a finding of deliberate availment. Penalty and consequential interest were therefore upheld on the basis that there was no genuine uncertainty in law. en-us Mon, 12 Feb 2007 00:00:00 +0530 Mon, 14 Apr 2008 15:25:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=1254 Welding electrodes used for repair and maintenance of plant and machinery are not eligible for Cenvat credit, either as inputs or as capital goods, because prior Tribunal decisions, including a Larger Bench ruling, had already negated that claim. The assessee's use of the electrodes for maintenance did not change their ineligibility, so the credit was disallowed. Continued retention of the inadmissible credit after being informed that it was not allowable, without reversal, supported a finding of deliberate availment. Penalty and consequential interest were therefore upheld on the basis that there was no genuine uncertainty in law. Case-Laws Central Excise Mon, 12 Feb 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=1254