2006 (2) TMI 468 - AT - Central Excise

Summary

Issues:
1. Admissibility of Cenvat credit on Capital Goods used outside the factory
2. Availment of Modvat credit on Refractory materials

Analysis:

Admissibility of Cenvat credit on Capital Goods used outside the factory:
The appellant raised concerns regarding the Final Order issued by the Tribunal, which did not address the request to set aside the penalties imposed on them. The Tribunal had previously ruled in favor of the appellants on the admissibility of Cenvat Credit on Capital Goods used outside the factory. The learned Consultant argued that the Final Order implied the allowance of credit on all materials, contrary to the department's insistence on disallowing credit on other refractory materials. Upon careful review, the Tribunal acknowledged the contentious nature of the issue and the absence of any order regarding the penalties. Considering the lack of mala fide intent, the penalties imposed in the respective orders were set aside.

Availment of Modvat credit on Refractory materials:
Regarding the availment of Modvat credit on Refractory materials, the Tribunal concurred with the appellant's argument that the Final Order intended to allow Cenvat Credit on all Refractory materials. The appellant's reliance on a Karnataka High Court case, affirmed by the Supreme Court, supported this interpretation. Consequently, the Tribunal directed the addition of "and other Refractory materials" after mentioning Calcium Silicate in blocks in para 14 of the Final Order. As a result, the Request for Oral Modification (ROM) was allowed, and the operative portion of the order was pronounced in open court at the conclusion of the hearing.