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Bhushan Steel And Strips Ltd. vs C.C.E. on 3 December, 1999

Mum) have held Cenvat/Modvat  Welding electrodes used for repairs and maintenance of plant and machinery is assessees steel factory eligible to Cenvat Credit  Rule 3 of Cenvat Credit Rules, 2004. In another decision in the case of Bhushan Steel and Strips Ltd. vs CCE, Raigad reported in 2008 (223) ELT 0517 (Tri. Mumbai), it has been held Cenvat/Modvat  Capital goods  Welding electrodes, wires etc.  Used in making of machine plant etc.  HELD : use was for producing/ processing capital goods, hence they were eligible for credit  Rule 2(b) and Explanation 2 to Rule 2(g) of Cenvat Credit Rules, 2002  Rule 2(a) of Cenvat Credit Rules, 2004. As the appellant have used Oxygen Gas and Welding Electrodes for manufacture of Capital Goods within their factory premises, the ratio of the decision in the case of Bhushan Steels and Strips Ltd. (cited supra) would be squarely applicable to the facts of the present case. Thus, following the ratio of these decision, the Cenvat Credit availed by the Appellant on Oxygen Gas and Welding Electrodes used during the course of fabrication of aforesaid structural items to support the Plant & Machinery would be admissible.
Customs, Excise and Gold Tribunal - Delhi Cites 0 - Cited by 20 - Full Document
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