Supose as assessee who is mining service provider and purchase Dumpers/ Tippers for providing the mining service. assessee wants to take the CENVAT CREDIT. He has two option
1) he can take the credit under rule of canvat credit as input used for providing the mining service OR
2) he can take the credit of excise duty paid as capital goods used in mining service under rule of cenvat rules
Now Dumpers / Tippers is not capital goods in excise tariff 87.
Without Dumper Tippers, mining services is not possible. it is compulsory used to providing taxable service.
Now my Question is that
1) can assessee take the excise cenvat credit on oil, tyre, griss, spare part ect which used in dumper / tipper.
2) can assessee take the excise cenvat credit on diesed which used in dumper / tipper.
3) if yes Or No, why? pls give me detail of notification or rules.
CAclubindia
