TaxTMI 
TaxTMI 
2016 (3) TMI 127
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....ICAL) For the Petitioner : Shri B.L. Narsimhan, Advocate For the Respondent : Shri Pramod Kumar, DR ORDER PER B. RAVICHANDRAN: The appellants are engaged in the manufacture of sponge iron, Pig iron, billets etc. liable to Central Excise Duty. They were availing Cenvat Credit on inputs, inputs services and capital goods. After an audit of their records the Revenue proceeded against the appel....
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....oods which has not been objected to by the Department. There is no pending issue on such availment of credit by these two units. They have acquired these capital goods on lease and Rule 4 (3) cannot be read to mean that such lease should be only from finance company. They have relied on the following case laws in their support: 1) Leamak Healthcare Pvt. Ltd. Vs. CCE Goa-2010 (259) ELT 554 (Tri-A....
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....be denied on the said grounds. He also relied on the Tribunals decision in the case of Mahendra & Mahendra Ltd. Vs. CCE-2005 (190) ELT 301 (LB) to contend that the dutiability as well as admissibility of credit on various steel structures are to be decided at the stage when the iron and steel items are in a movable state and have not formed part of the immovable supporting structures. In any case....
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....oan agreement from a financing company. Since the persons who leased out these capital goods in the present case are not admittedly, finance companies, the credit is not available. We have noted that this matter has come up for decision in a few cases before this Tribunal. In the case of Leamak Healthcare Pvt. Ltd. (Supra) the Tribunal held that the Rule 4(3) only further enlarges scope by stating....