2008 (3) TMI 544 - AT - Central Excise

Summary

Issues Involved:
1. Denial of credit on welding electrodes
2. Denial of credit on container lock

Denial of credit on welding electrodes:
The appeal was filed against the denial of credit on welding electrodes and container lock. The appellant argued citing a High Court case where the Reference Application filed by the Revenue was rejected. However, the DR contended that a Larger Bench of the Tribunal disallowed credit on welding electrodes in previous cases. The Tribunal also disallowed credit on welding electrodes in another case after considering a decision of the Rajasthan High Court. The denial of credit on welding electrodes was upheld based on the interpretation of the law. The penalty was set aside as the issue related to the interpretation of provisions of the law.

Denial of credit on container lock:
The appellants claimed that the container lock was used for sealing the storage tank pump of the Acetic Anhydride Plant in the factory premises. However, it was found that the container lock was not used in or in relation to the manufacture of the final product. Consequently, the denial of credit on the container lock was upheld along with the denial of credit on welding electrodes. The judgment was pronounced in open court, disposing of the appeals in accordance with the above findings.