2008 (12) TMI 485 - AT - Central Excise

Summary

Issues:
1. Eligibility of capital goods credit on goods falling under Chapter 73.
2. Dispute regarding the classification of certain goods as capital goods for availing credit.

Analysis:
1. The original authority found that the respondents had availed inadmissible credit on goods from Chapter 73, which were not covered under the definition of "Capital Goods." A demand was confirmed along with interest and a penalty under the Cenvat Credit Rules, 2004. However, the Commissioner in the impugned order considered the disputed items as capital goods based on their association with other capital goods. The Commissioner set aside the original authority's decision, leading to a conflict in the classification of these goods for availing credit.

2. The Revenue filed an appeal arguing that the goods in question, including M.S. Plates, M.S. Angles, and M.S. Channels, were not components, spares, or accessories of capital goods but were used for constructing a civil structure for installing capital goods. The Revenue contended that the Commissioner wrongly allowed these items to be eligible for capital goods credit. However, during the hearing, it was noted that the original authority had explicitly identified the disputed goods as integral parts of capital goods like reverse osmosis system, multiple evaporator, and glass line reactor. Since the Revenue did not challenge the correctness of this identification, the credit related to these goods could not be denied to the respondents. Consequently, the appeal by the Revenue was dismissed for lacking merit.

In conclusion, the judgment clarifies the eligibility of capital goods credit and the importance of the association of goods with capital goods for availing such credit. The decision highlights the need for a clear understanding of the relationship between different goods to determine their classification for credit purposes under the relevant rules and regulations.