2009 (1) TMI 587 - AT - Central Excise

Summary

Issues involved: Whether welding electrodes used for repair and maintenance of sugar Mill machinery and discharge chute attached to the Centrifugal machine are eligible for capital goods Cenvat Credit.

The appellant argued that welding electrodes are eligible for Cenvat credit based on judgments in similar cases. The discharge chute is considered part of the Centrifugal machine falling under Chapter 84, thus covered by the definition of capital goods.

The respondent contended that Cenvat credit for welding electrodes is not available based on previous Tribunal judgments. Regarding the discharge chute, it was argued that since the machinery can function without it, it does not qualify as a part or accessory and is not covered by the definition of capital goods.

The Tribunal found that the discharge chute is indeed a part of the Centrifugal machine and falls under the definition of capital goods. Despite previous Tribunal decisions, a recent judgment by the Hon'ble Rajasthan High Court ruled in favor of allowing Cenvat credit for welding electrodes used in machinery repair and maintenance. Therefore, the Tribunal held that Cenvat credit is available for welding electrodes and set aside the impugned order.

In conclusion, the appeal was allowed in favor of the appellant.