2007 (12) TMI 349 - AT - Central Excise

Summary

Issues:
- Disallowance of credit for iron and steel items used in fabrication of storage tank
- Interpretation of Cenvat Credit Rules regarding credit for inputs used in fabrication of capital goods

Analysis:
The appeal was filed against an order disallowing credit for iron and steel items used in the fabrication of a storage tank, with the Revenue arguing that these items are not directly used in the manufacture of the final product. The appellants contended that the storage tanks are essential for the manufacture of sugar and molasses, and as per the Cenvat Credit Rules, credit for inputs used in the fabrication of capital goods further used in the manufacture of excisable goods is available. The appellants claimed entitlement to the credit based on this rule.

The Tribunal noted that the appellants availed credit for the iron and steel items used in the fabrication of the storage tank, which was not disputed. The appellants specifically stated that these items were used for the fabrication of storage tanks, which are further used in the manufacture of sugar and molasses. Referring to Rule 2 of the Cenvat Credit Rules, which defines inputs to include goods used in the manufacture of capital goods further used in the manufacture of the final product, the Tribunal found that the items in question were indeed used in the fabrication of storage tanks, which are subsequently used in the manufacture of the final product. Therefore, the impugned order disallowing the credit was set aside, and the appeal was allowed.

In conclusion, the Tribunal ruled in favor of the appellants, emphasizing that the items of iron and steel used in the fabrication of storage tanks, essential for the manufacture of sugar and molasses, qualified for credit under the Cenvat Credit Rules as inputs used in the manufacture of capital goods further utilized in the production of the final product.