2008 (5) TMI 523 - AT - Central Excise

Summary

Issues: Whether the assessee is entitled to avail Cenvat credit for Welding Electrodes and Gases used for repairs and maintenance of Plant and Machinery.

Summary:
The Appellate Tribunal CESTAT, Bangalore considered the issue of availing Cenvat credit for Welding Electrodes and Gases used in maintenance of Plant and Machinery. The matter had been previously discussed in various judgments including India Sugars & Refineries Ltd., Jaypee Rewa Plant, Union Carbide India Ltd., Modi Rubber Ltd., Daya Sugar, Vikram Cement, Indian Seamless Metal Tubes Ltd., J.K. Cement Works, Texchem Corporation, and Medico Labs. After detailed consideration, the Tribunal upheld the plea of the assessees for grant of Cenvat credit in respect of Welding Electrodes and Gases used in maintenance of Capital Goods.

In the hearing, the Tribunal noted the judgment in C.C.E. v. Vasavadatta Cement Ltd. and found no grounds to distinguish it. Therefore, the impugned orders were set aside, and the appeals were allowed.