2017 (3) TMI 1072

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....2004. 2. During the period 2005-06 to 2007-08, the appellant availed the cenvat credit in respect of various iron and steel products like angles, channels, beams, plates, joists, rounds which according to the appellant stand used in the manufacture of various capital goods like boiler, turbo generator, electro static precipitators, ash storage tank and EOT crane stand etc. The said credit was availed by them by reflecting the same in the cenvat credit and the capital goods and component manufactured out of the said inputs were duly entered in the daily stock account and invoices were issued for captive consumption in terms of notification No. 67/95-CE dated 16.3.1995. 3. As a result of Audit objection, that the credit was not available to....

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....ed by limitation having been raised for invoking the longer period. The dispute for the availability of various iron and steel items has been the subject matter of various decisions of the Tribunal and even after the Revenue's stand that the same were not used in the fabrication of capital goods is accepted, the longer period would not be applicable. The Larger Bench decision of the Tribunal in the case of Vandana Global Ltd. vs. Commissioner [2010 (253) ELT 440 (Tri-LB)] was considered by Hon'ble Gujarat High Court in the case of Mundra Ports and Special Economic Zone Ltd. vs. CCE & Cus  [2015 (04) LCX 0197] and stands virtually over-ruled. Infact I note that an identical issue of limitation was considered by the Tribunal in the case ....