2004 (10) TMI 410 - AT - Central Excise

Summary

Issues: Denial of Cenvat credit on components spares and accessories for Wagon loading machine.

Analysis:
1. The appeal challenges the denial of Cenvat credit on certain components, spares, and accessories for a Wagon loading machine. The impugned order cited a previous Tribunal decision where credit was disallowed for similar goods. The dispute centered around the applicability of the earlier decision to the present case.

2. The Departmental Representative (D.R.) argued that the earlier order should bind the Tribunal. However, the Appellant's Counsel contended that the change in the definition of capital goods under Rule 57AA from April 2000 altered the criteria for credit eligibility. The new rule required goods to fall under specified classifications and be used in the manufacturer's factory. The Counsel emphasized that the wagon-loading machine, its components, spares, and accessories met these criteria, rendering the earlier decision inapplicable.

3. Upon reviewing the rules, the earlier decision, and submissions from both sides, the Judge found that the definition of capital goods under Rule 57AA differed significantly from the previous rule. The new rule focused on goods classification and usage in the factory, both of which were undisputed in the current case. As the items in question met the requirements of the new rule, the Judge concluded that credit was available. Consequently, the impugned order was set aside, and the appeal was allowed, granting any consequential relief to the Appellant.