<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2023 (8) TMI 1231 - CESTAT ALLAHABAD</title>
    <link>https://www.taxtmi.com/caselaws?id=442252</link>
    <description>The Tribunal set aside the order denying CENVAT Credit on steel items used for support structures for capital goods, finding the denial unsustainable. The Department&#039;s invocation of the extended limitation period was rejected due to legal complexity and absence of mala fide intention by the Appellant. The Tribunal held that the 2009 amendment excluding certain items from the definition of &quot;input&quot; was not retrospective. Rulings of various High Courts were cited against the retrospective applicability. The reliance on Vandana Global as clarificatory and retrospective was disputed, with the Tribunal deeming the amendment prospective. Circulars issued in 2012 were deemed irrelevant to the disputed period. The appeal was allowed with consequential benefits.</description>
    <language>en-us</language>
    <pubDate>Wed, 23 Aug 2023 00:00:00 +0530</pubDate>
    <lastBuildDate>Sat, 26 Aug 2023 11:10:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=723904" rel="self" type="application/rss+xml"/>
    <item>
      <title>2023 (8) TMI 1231 - CESTAT ALLAHABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=442252</link>
      <description>The Tribunal set aside the order denying CENVAT Credit on steel items used for support structures for capital goods, finding the denial unsustainable. The Department&#039;s invocation of the extended limitation period was rejected due to legal complexity and absence of mala fide intention by the Appellant. The Tribunal held that the 2009 amendment excluding certain items from the definition of &quot;input&quot; was not retrospective. Rulings of various High Courts were cited against the retrospective applicability. The reliance on Vandana Global as clarificatory and retrospective was disputed, with the Tribunal deeming the amendment prospective. Circulars issued in 2012 were deemed irrelevant to the disputed period. The appeal was allowed with consequential benefits.</description>
      <category>Case-Laws</category>
      <law>Central Excise</law>
      <pubDate>Wed, 23 Aug 2023 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=442252</guid>
    </item>
  </channel>
</rss>