THE STATE OF TAMIL NADU Vs RAJ MOSAIC TILE WORKS
Tamil Nadu General Sales Tax Act, 1959 - appellants is a works contractor who had undertaken the working of laying and polishing of ...
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
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