2013 (10) TMI 174

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....reon and penalty of Rs. 34,62,238/- was upheld. The issue involved is admissibility of cenvat credit on items like SS Plates/ MS Plates/ HR Plates/ HR Coils/ Aluminium coils/ GI Earthing Strips etc. used in the repair and maintenance of capital goods. 2. Shri Hardik P. Shah (Chartered Accountant) appearing on behalf of the appellant argued that as per Para 21 of the order in original dated 28.6.2012, it is not disputed that the items involved in the present proceedings are used for the repair and maintenance of capital goods, which will be entitled to cenvat credit as per the law laid down by Larger Bench judgment in the case of Vandana Global vs. CCE, Raipur [2012-TIOL-624-CESTAT-DEL-LB] and Delhi Bench judgment in the case of Hindustan....

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....it will not be admissible, that is a very strange situation. 5. On the same issue, Delhi Bench of CESTAT in the case of Hindustan Zinc Limited vs. CCE Jaipur-II (supra) has held as follows in Para 5.1:- 5.1 The first point of dispute in these appeals is as to whether M.S. Angles, Channels, Plates etc. used for repair and maintenance of plant and machinery are eligible for Cenvat credit or not. On this issue, we find that Honble Rajasthan High Court in the case of Union of India v. Hindustan Zinc Ltd. (supra) has held that M.S./S.S. Plates used in the workshop for repair and maintenance of the machinery, which is used for the manufacture of final product are eligible for Cenvat credit. The Government's SLP against this judgment of Ho....