Cenvat Credit on Works Contract service availed for making changes in the production process, factory layout, and improvements to the existing facilities to increase volume ...
PHOTON ENERGY SYSTEMS LIMITED Vs STATE OF GUJARAT
Gujarat Value Added Tax Act – execution of Works Contract - provisional attachment order and denial of input tax credit – non-filin ...
CESTAT allows CENVAT credit on items such as channels, angles and coil plates used in fabrication of capital goods, which are further utilised in factory of production; Rejects Revenue’s contention that items fabricated out of said inputs being immovable in nature, are not excisable and hence, credit thereon is inadmissible in terms of Rule 6(1) of CCR; Holds such goods qualify as ‘capital goods’ and also as ‘inputs’ within the meaning of Rule 2(a) r/w Rule 2(k) of CENVAT Credit Rules (CCR); Upholds Commissioner (Appeals) order which held that capital goods embedded to earth is no reason to deny CENVAT credit on inputs used therein; Commissioner (Appeals) had relied on CESTAT decisions in Ritesh Trade Fin Ltd and Divi’s Laboratories Ltd while allowing assessee’s appeal : Mumbai CESTAT
We are Ahmedabad based professional consulting firm. We are providing various services to Construction, Real Estate and Project Companies in various areas like Indirect Taxation – Service Tax & Multi state VAT consultancy, ERP implementation, Site & Management audit, Designing Tender & other related contractual documents etc.