2017 (7) TMI 12

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.... the said final products. During the period June, 2009, the appellant had availed cenvat credit on cement and TMT bars used for construction of water tank /storage tank, located within the factory premises for capture use. Taking of cenvat credit on these goods was objected to by the Department, on the ground that storage tank made out of cement and steel, is immovable in nature, and thus, cenvat credit on those goods, is not available to the appellant. It has further been observed by the Department that cement and TMT bars are neither inputs nor capital goods, for the appellant for availing the benefit of cenvat credit. The authorities below have denied the cenvat benefit, by relying on the Larger Bench decision of this Tribunal in the cas....

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....k, should merit consideration as input for the purpose of availment of cenvat credit, on the duties paid thereon. Further, the view taken by the Department that storage tank and equipments were immovable property and are not excisable, has been negatived in the said judgement by the Hon'ble High Court. Further, I find that the amendment of the definition of input w.e.f. 07.07.2009, being not clarificatory in nature, should operate prospectively. In this case, since the period under dispute, is prior to the date of the above amendment, the embargo created under explanation-2 appended to the definition of input, will not have any application, for denial of the cenvat credit. Also, the Hon'ble Gujarat High Court in the case of Mundra Ports & S....