2015 (1) TMI 1090

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....vat credit on inputs services. On scrutiny of the records, it was found that appellant is availing 100% Cenvat credit on rough forged rolls during the period 2006-2010 treating the said goods as inputs used in manufacture of capital goods which are further used in manufacture of final product. Whereas the said goods were used in the manufacture of rolling mill without undergoing any manufacturing process and therefore, the said goods appeared to be spares / components of rolling mill i.e. capital goods and credit on such goods was eligible under the category of capital goods as defined under Rule 2(A)(A)(iii) of the Cenvat Credit Rules, 2004. As per Rule 4 of the Cenvat Credit Rules, 2004, Cenvat credit in respect of capital goods received ....

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....isposal as matter has been listed several times. 5. I have gone through the facts of the case and learned Commissioner in the impugned order has discussed the usage of the rough forged rolls and held that these are inputs not the capital goods. The finding of the learned Commissioner (Appeals) are reproduced as under:                   5.3 I find that the appellant is a manufacturer of hot steel re-rolled products in the Rolling Mill manufacturing MS Joist, Flats etc. falling under chapter heading 72 of Central Excise Tariff Act, 1985. For manufacture of Steel Re-rolled products the appellant uses rolls machined which are essential for rolling mills and c....