2007 (10) TMI 498 - AT - Central Excise

Summary

Issues involved: Appeal against admissibility of Cenvat credit on certain items used for installation of batch vessel.

Summary:
1. The Revenue appealed against the order-in-appeal regarding the admissibility of Cenvat credit on specific iron and steel items used for installation purposes. The Commissioner (Appeals) deemed these items essential for the plant and machinery, allowing the Modvat credits. The Revenue argued that these items were used for constructing the base to install machines, making Cenvat credit inadmissible. Reference was made to a Tribunal decision highlighting the distinction between material handling and construction activities.

2. The respondent's Counsel contended that the items were indeed used for installing the batch vessel, forming an essential part of the plant and machinery. Citing a Tribunal decision and a High Court ruling, it was argued that similar items were eligible for Cenvat credit when used for repair and maintenance of machinery in a workshop.

3. Upon hearing both sides and reviewing the records, it was established that the items in question were utilized for installing the batch vessel, integral to the machine. The Tribunal and High Court decisions supported the eligibility of such items for Modvat credit, emphasizing the importance of proper maintenance for the smooth functioning of plant and machinery. The judgment concluded that denying Cenvat credit for items essential to the base of the machine would hinder its proper functioning, thus upholding the Commissioner (Appeals) order and dismissing the Revenue's appeal.

4. The judgment highlighted the significance of these items in ensuring the smooth operation of the plant and machinery, ultimately affirming the decision to allow Cenvat credit for the items used in the base of the machine.