2007 (12) TMI 340 - AT - Central Excise

Summary

Issues involved: Appeal against confirmed demand for denial of credit on welding electrodes, jointing sheets, and steel plates.

Welding Electrodes: The appellant argued that the demand for denying credit on welding electrodes availed from April 2001 to August 2003 is time-barred as they regularly filed returns showing credit availed. The Tribunal found in favor of the Revenue, stating that welding electrodes are not entitled to credit as capital goods. However, since the appellants regularly filed returns during the period in question, suppression of facts cannot be alleged, and the demand was deemed time-barred.

Jointing Sheets and Steel Plates: The appellant contended that jointing sheets are used to prevent leakage in pipes, and steel plates are used for repair and maintenance of capital goods. Evidence supporting this claim was submitted but not considered by the lower authority. The Tribunal ruled in favor of the appellants, citing a decision by the Hon'ble Rajasthan High Court that plates used for repair and maintenance of plant machinery are eligible for credit. The penalty imposed on the appellant for denial of credit on welding electrodes was set aside due to the issue being settled by the Larger Bench after divergent views.

This judgment highlights the importance of timely filing returns to avoid allegations of suppression, as well as the eligibility of certain items for credit based on their usage in plant operations and maintenance, as established by relevant legal precedents.