2008 (10) TMI 538 - AT - Central Excise

Summary

Issues involved: Interpretation of the term "input" for claiming Cenvat credit on dumpers used in the manufacturing process.

Summary:
The case involved a manufacturer of cement claiming Cenvat credit on dumpers used to transport limestone, which the Commissioner disputed, demanding duty and imposing a penalty. The applicant argued that dumpers qualify as "inputs" under the definition, citing legal precedents supporting the inclusion of material handling equipment in the term. The Commissioner contended that dumpers are only used for carrying inputs and not integrally connected to the manufacturing process, pointing out that the applicant treated dumpers as capital goods in their accounts.

Upon consideration, the Tribunal found that the dumpers did not qualify as inputs under Notification No. 217/86, which provided an exemption for inputs used in the manufacturing process. The Tribunal noted that the legal precedents cited by the applicant were related to different contexts and could not be directly applied to the case at hand. Additionally, treating dumpers as inputs could conflict with the general Cenvat scheme. Therefore, the Tribunal did not agree with the applicant's argument that the dumpers should be considered inputs.

As a result, the Tribunal directed the applicant to deposit a sum of Rs. 1 crore within eight weeks and waived the pre-deposit of the remaining duty and penalty amount, with recovery stayed pending the appeal's disposal. No financial hardship was pleaded by the applicant during the proceedings.