https://www.taxtmi.com/caselaws?id=334452 Steel items used within a factory to fabricate capital goods, accessories and supporting structures integral to plant functioning were treated as eligible for Cenvat credit under the user test. The later exclusion inserted in Rule 2(k) of the Cenvat Credit Rules, 2004, effective from 7 July 2009, was stated to operate prospectively and not retrospectively, so it could not be used to deny credit for the prior period. The emphasis on immovable structures was not treated as decisive where the goods were used in the fabrication and support of manufacturing equipment. On that basis, credit was admissible and the related disallowance and penalty were unsustainable. en-us Fri, 28 Oct 2016 00:00:00 +0530 Tue, 29 Nov 2016 18:06:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=334452 Steel items used within a factory to fabricate capital goods, accessories and supporting structures integral to plant functioning were treated as eligible for Cenvat credit under the user test. The later exclusion inserted in Rule 2(k) of the Cenvat Credit Rules, 2004, effective from 7 July 2009, was stated to operate prospectively and not retrospectively, so it could not be used to deny credit for the prior period. The emphasis on immovable structures was not treated as decisive where the goods were used in the fabrication and support of manufacturing equipment. On that basis, credit was admissible and the related disallowance and penalty were unsustainable. Case-Laws Central Excise Fri, 28 Oct 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=334452