SAKTHI SUGARS LTD. Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) THE lower authorities have denied Cenvat credit of Rs. 5,29,239 to the appellants in respect of M.S plates, M.S angles, M.S channels, H.R. non -alloy steel plates etc., which were used for fabricating structural support to various items of machinery in their sugar factory during the period June 2002 to July 2003.

(2.) AFTER examining the records and hearing both sides, I note that the appellants were claiming under Clause (b)(iii) (definition of capital goods) of Rule 2 of Cenvat Rules, 2002. This clause is reproduced below: