TaxTMI 
TaxTMI 
2019 (8) TMI 1170
X X X X Extracts X X X X
X X X X Extracts X X X X
....s unfit for human consumption. They are registered with the Central Excise Department for manufacture of the denatured spirit as above. In the present appeal, two issues are involved. First if denial of CENVAT credit of Rs. 1,84,322/- which they have availed on the input services during the period April 2006 to December 2006. Admittedly, they have not utilized the credit at all but had only availed the credit. The ground on which this credit is sought to be denied is that the services were used only in the manufacture of exempted products. On being pointed out by the Department, the appellant reversed the entire CENVAT credit on 10.1.2007 itself. Thereafter, the show-cause notice was issued to demand interest and impose penalty on the CENVA....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 4. Aggrieved, the appellant appealed before the first appellate authority who, vide the impugned order, rejected the appeal and upheld the Order-in-Original. Hence, this appeal. 5. Learned counsel for the appellant argues that as far as the CENVAT credit is concerned, it was availed on the input services allegedly used in the manufacture of exempted products but the credit so availed was not utilized by them at all. Therefore, when the credit was availed but not utilized and reversed before any utilization, it is as good as not availing the benefit of CENVAT credit at all. Therefore, interest cannot be demanded under CENVAT Credit Rules, 2004 on such CENVAT credit nor any penalty can be imposed on them. He relies on the case law of CCE....
X X X X Extracts X X X X
X X X X Extracts X X X X
....operate it at various levels. The gratings are used to make platforms to enable the workers to climb up and down and move around from one part of the plant to the other. Therefore, the gratings are nothing but the capital goods used in the plant. He would urge that the original authority sought to reject that gratings are "capital goods" in view of the definition of "Capital Goods" under CENVAT Credit Rules, 2004 as follows: (A) The following goods, namely:- (i) All goods falling under Chapter 82, Chapter 84, Chapter 85, Chapter 90, [heading 6805, grinding wheels and the like, and parts thereof falling under heading 6804] of the First Schedule to the Excise Tariff Act; (ii) Pollution control equipment; (i....
X X X X Extracts X X X X
X X X X Extracts X X X X
....CE dated 16.3.1995 and therefore, no duty is payable on them. Consequently, no penalty is also imposable upon them. He relies on the following case laws: (i) Thiru Arooran Sugars vs. CESTAT: 2017 (355) ELT 373 (Mad.), in which the Hon'ble High Court of Madras has held that MS structural which support plant and machinery, and cement and plant, which went into erecting foundations to hold plant and machinery are integral part of the capital goods and hence are eligible for CENVAT credit. (ii) Nava Bharat Ferro Alloys Ltd. vs. CCE: 2017 (358) ELT 145 (AP) in which CENVAT credit was allowed on columns of heavy fabricated structures and bracings used to support boiler, holding the same to be a part of the boiler. (iii)....
X X X X Extracts X X X X
X X X X Extracts X X X X
....the factory and supplied to them. It is also not in dispute that the gratings so manufactured have been used in their factory not in manufacture of final products but in providing structural support to their plant. It is the case of the Revenue that Central Excise duty has to be paid by the appellant on these goods which are manufactured by their job workers. The case of the appellant that no Central Excise duty is payable because these are capital goods used within the factory of manufacture and therefore, exempted vide Notification No.67/95-CE. This Notification exempts capital goods which are manufactured and used within the factory of manufacture. The department's case is that since these MS gratings fall under Chapter 73 and not under ....