2022 (1) TMI 1067

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....used for manufacture of various capital goods and captively consumed within the factory premises for manufacturing final products, namely, cement. The reason for denial of CENVAT credit to the appellant is that these capital goods have been embedded to earth and hence becomes immovable property and lost character of the goods and, therefore, not entitled to take CENVAT credit in terms of rule 2(k) of CENVAT Credit Rules, 2004. 2. Learned Counsel for the appellant submits that the issue has been settled by this Tribunal in the case of Monnet Ispat and Energy Ltd v. Commissioner of Central Excise, Raipur [2015- TIOL-2850-CESTAT-DEL] and, therefore, the impugned order required to be set aside and appeal is to be allowed as they are entitled....

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....gh Court in the case of SLR Steels Ltd. [2012 (280) ELT 176 (Kar.)] held as under : "7. A perusal of the aforesaid provision makes it very clear though storage tanks may be immovable property and the pollution control equipment are included within the definition of "capital goods'', input as defined in Rule 2(k) makes it clear that "input'' includes in goods used in the manufacture of capital goods which are further used in the factory of the manufacturer. Therefore, the input is not necessarily to be used in the manufacture of final product. By virtue of explanation 2 - goods used in the manufacture of capital goods which are further used in the factory of the manufacturer also falls within the definition of input. In 2009, this e....