Cenvat Credit ??

Dear Sir,
I need your guidance on followin query.

We are Milk Dairy plant producing exempted(GHEE) as well as excisable products( Lactose and Casein)-
We took cenvat credit on steel items 'inputs'like alluminium sheets,steel sheets,pipes and angles etc. bought for construction of capital items(Milk Silos (T Chapter 73),Supporting structures,Steel Sheds for milk intake docks
The deptt has  disallowed cenvat credit on these 'inputs' used in manufacturing of capital goods.

-They cited that milk silos are not Goods so no cenvat credit allowed as this are not 'capital Goods'
-They dissalowed Cenvat Credit on inputs( pipes,angles etc) used for supporting structures etc.
Please advice.

Thanks & Regards
Anoop Garg
9878614378
Chandigarh
 

Replies (5)

Deptt has correctly disaalowed cenvat , as cenvat credit is not available on structure steel used into civil construction( strutural steel used by you for milk silo.)

Regards

Praveen Jain

This is not Civil Construction

Alluminium sheets,steel sheets,pipes and angles etc., parts of construction. The capital goods should be used in the factory of the manufacturer of the final products, but does not include any equipment or appliance used in an office.

Cenvat credit is allowed on these items. The departmental stand is wrong. These goods are being capitavely consumed, and hence cenvat credit is allowed. The position has been made very clear after amendment in the captive consumption notification.

Thanks

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