2006 (11) TMI 63 - AT - Central Excise

Cenvat/Modvat Revenue contended that credit were not allowed on the inputs (Tor steel, cement and bars and angles) used in the manufacture of final product After considering the detail by authority credit were allowed to the appellant

Summary

Issues:
Appeal against denial of Modvat credit on Tor steel, cement, and bars and angles used for construction during factory setup.

Analysis:
The respondent availed Modvat credit on capital goods for factory setup. The revenue disputed the credit on Tor steel, cement, and bars and angles, claiming they were used for construction. The Commissioner (Appeals) allowed the appeal except for the disputed items. The revenue contended that these items were not eligible for credit based on a previous tribunal decision. The respondent argued that these items were used in manufacturing Furnace, essential for glass melting. The tribunal found that the disputed items were indeed used for manufacturing Furnace, crucial for producing final products. The revenue failed to prove otherwise, and the Commissioner's findings were upheld based on evidence presented.

In a previous case, the tribunal held that steel and cement couldn't be considered inputs, but a later decision confirmed their eligibility when used for structural support or machinery foundation. The tribunal in that case allowed Modvat credit on items like Tor steel and cement. In the present case, the respondent used Tor steel and cement for manufacturing Furnace, a capital good necessary for glass manufacturing. Citing the decision in the India Cements case, the tribunal upheld the Commissioner's decision, dismissing the revenue's appeal.

The tribunal noted that Modvat credit on cement and Tor steel for constructing silos was allowed in a previous case unchallenged by the revenue. As Tor steel and cement were used for manufacturing Furnace in the present case, essential for glass production, the tribunal found no reason to interfere with the Commissioner's decision. Following the India Cements case precedent, the tribunal dismissed the revenue's appeal, upholding the original order.