In a relief to Bharti Airtel, the Banglore Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) allowed the CENVAT credit on tower materials and prefabricated buildings or shelters. The appellant, M/s Bharti Airtel contended that tower materials and prefabricated buildings or shelters on which CENVAT credit has been availed by the appellant are ‘capital goods’ and, therefore, the availment of CENVAT credit is valid. The impugned order has denied CENVAT credit of duty paid on goods like angles, beams, channels, tower/tower materials and pre- fabricated shelters on the ground that the said items do not fall under rule 2(a) of the Credit Rules and also on the ground that they do not qualify as accessories or components.
Source Taxscan
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