https://www.taxtmi.com/caselaws?id=447316 CESTAT Kolkata allowed the appeal regarding CENVAT credit on structural steel items used in plant modernization. The Commissioner denied credit on plates under Chapter 72, claiming exclusion from capital goods definition. CESTAT held that items under Chapters 84 and 85 qualified as capital goods under Rule 2(a) CCR 2004. For remaining items under Chapters 72, 73, and 74, the authority erroneously rejected the CE certificate confirming plates were used as components of machinery like kilns and milling machines, not building materials. Since plates served as inputs for capital goods rather than construction materials, credit was allowable. The demand was unsustainable, eliminating interest and penalty obligations. en-us Thu, 21 Dec 2023 00:00:00 +0530 Sat, 23 Dec 2023 09:41:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=447316 CESTAT Kolkata allowed the appeal regarding CENVAT credit on structural steel items used in plant modernization. The Commissioner denied credit on plates under Chapter 72, claiming exclusion from capital goods definition. CESTAT held that items under Chapters 84 and 85 qualified as capital goods under Rule 2(a) CCR 2004. For remaining items under Chapters 72, 73, and 74, the authority erroneously rejected the CE certificate confirming plates were used as components of machinery like kilns and milling machines, not building materials. Since plates served as inputs for capital goods rather than construction materials, credit was allowable. The demand was unsustainable, eliminating interest and penalty obligations. Case-Laws Central Excise Thu, 21 Dec 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=447316