2015 (7) TMI 63

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....Revenue is in appeal against the impugned order wherein the Ld. Commissioner has allowed input credit on items like Joist, M.S. Angle, Channel, HSM plates etc. holding that same has been used by the respondent for manufacture of capital goods. 2. The facts of the case are that the respondent is manufacturer of MS Pipes and parts thereof. During the period 2006-07 to 2008-09 (upto November 2008) t....

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....sed by the respondent as part of capital goods. Therefore, they are entitled to take Cenvat Credit thereon. The ld. Commissioner (A) also relied on CBEC Circular No.267/11/2010 Central Excise Act New Delhi dated 08.07.2010. Aggrieved from the said order, the revenue is before me. 3. The ld. AR appearing on behalf of the revenue submits that as the items in question are in nature which are to be u....

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....od of limitation is also not invokable. In these circumstances, it is prayed that the impugned order is required to be upheld. 5. Heard the parties and considered the submissions. 6. I find that Cenvat Credit is available to the assessee if the item is used in manufacturing of capital goods or used in manufacturing of their final product. In this case Ld. Commissioner examined the issue of usage....