Cenvat Credit on structures for support of capital gds

This query is : Resolved

Pankaj (Querist)
Follow

07 July 2009 Dear all,
As per Budget,2009 some amendments has been made in Cenvat Credit Rule,2004 one of that is:
In Rule 2 Clause (k) in Explanation 2, after the words “factory of the manufacturer”, the following shall be
inserted, namely:-
“but shall not include cement, angles, channels, Centrally Twisted Deform bar(CTD) or
Thermo Mechanically Treated bar(TMT) and other items used for construction of factory
shed, building or laying of foundation or making of structures for support of capital
goods”.

My Question is can I avail Cenvat Credit on Structural Steel for support of Capital Goods, purchased before 07/07/2009.

I am looking forward for your fast reply.

With Regards

Pankaj Naidu
pankaj.naidu@adityabirla.com

CA Bosu babu

CA Bosu babu (Expert)
Follow

11 July 2009 one case law in 2008 was there...in that it was given that laying foundation for machinery cannot be said as directly or indirectly related to manfacture of product. in that case it was disallowed credit taken......so previously also court denied such things.....and if you claim then your assessing officer may use such case law and may deny ur claim.....you just pls refer to that case law which is given in 2008.....i didnt remember the name...sorry