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Showing contexts for: captive mining in Hindalco Industries Ltd vs -Ranchi Commissionerate on 18 July, 2024Matching Fragments
9. By relying on the decision cited above we hold that the Appellant is eligible to avail CENVAT Credit of input services relating to captive mines, which is distributed to the Appellant vide ISD invoices. Hence, we hold the demand of reversal of Cenvat credit along Appeal No.: ST/76002/2016-DB & Appeal No. ST/75390/2020 with interest and penalty confirmed vide the impugned order dated 30.09.2019, is not sustainable."
6. In view of the above discussions, we hold that the mines and the Appellant's manufacturing unit belongs to one legal entity, which is engaged in manufacture of dutiable goods. Therefore, we hold that the observation given by the Ld. Commissioner that distribution of credit by the mines is in contravention of Rule 7(b) of the CENVAT Credit Rules is legally not tenable. Thus, we hold that the distribution of credit by captive mines as ISD is in accordance with the provisions of law.