CESTAT Allows CENVAT Credit as Tippers Were Put to Use After Becoming Eligible Capital Goods

Libra Business Private Limited Vs Commissioner of CGST and Central Excise (CESTAT Kolkata) The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Kolkata, considered an appeal against an Order-in-Appeal dated 17.07.2017 which had upheld the disallowance of CENVAT credit of ₹1,03,88,050, along with recovery of interest and penalty, as confirmed by the adjudicating authority. The appellant, a private limited company engaged in providing mining of mineral, oil or gas services and goods transport agency services, had purchased 25 Volvo tippers during February and March 2010 under excis...