2008 (11) TMI 449 - AT - Central Excise

Cenvat /Modvat - HDPE pipes - Ventral Diesel Hydro Loco - Battery Lead Acid - Ingot White Metal - Penalty -

Summary

Issues: Disallowance of Cenvat credit on HDPE Pipes, Ventral Diesel Hydro Loco, Battery Lead Acid, and Ingot White Metal.

Analysis:
1. HDPE Pipes: The appellant sought Cenvat credit on HDPE pipes used for blasting rocks in mines. The Tribunal acknowledged that HDPE pipes are crucial components of explosives used for blasting, as they contain prilled ammonium nitrate and diesel. Referring to a previous Apex Court decision, the Tribunal allowed the credit of Rs. 5,280 on HDPE pipes, considering them as part of the explosives used in captive mines.

2. Ventral Diesel Hydro Loco: The appellant claimed credit for Ventral Diesel Hydro Loco, a rail locomotive used for hauling ore in underground mines. However, the Tribunal found that this item did not qualify as capital goods under the Cenvat Credit Rules. The alternative argument for input credit lacked substantiation, leading to the rejection of the claim for Cenvat credit on Ventral Diesel Hydro Loco.

3. Battery Lead Acid: Regarding Battery Lead Acid falling under a specific chapter, the Tribunal determined that it did not meet the definition of capital goods as per the Cenvat Credit Rules. Consequently, the Tribunal upheld the decision that no credit was admissible on Battery Lead Acid.

4. Ingot White Metal: In the case of Ingot White Metal used for repairing crusher machinery, the Tribunal referred to a judgment by the Rajasthan High Court. This judgment established that certain materials used for repair and maintenance of machinery could be considered capital goods if they were essential for the manufacturing process. Following this precedent, the Tribunal allowed Modvat credit on Ingot White Metal.

5. Penalty: The Tribunal addressed the penalty imposed on the appellant, amounting to Rs. 50,000. Given that the issue primarily revolved around the interpretation of credit availability, the Tribunal set aside the penalty. The Tribunal emphasized that appellants could claim credit, subject to later verification of its admissibility.

6. Overall Decision: The Tribunal partially allowed the appeal by granting credit on HDPE pipes and Ingot White Metal. Additionally, the penalty was overturned. However, the claims for Ventral Diesel Hydro Loco and Battery Lead Acid were rejected based on their ineligibility for Cenvat credit as capital goods. The judgment concluded by highlighting the specific items for which credit was allowed or disallowed, ensuring compliance with the relevant legal provisions and precedents.