2009 (1) TMI 718 - AT - Central Excise

Summary

Issues involved: Appeal against order-in-appeal upholding Cenvat credit demand for Welding Electrodes and penalty imposition.

Cenvat credit availability for welding electrodes:
The appeal involved the issue of whether Cenvat credit is available for welding electrodes used in the repair and maintenance of plant and machinery. The Appellant's Counsel argued citing the judgment of Hon'ble Rajasthan High Court in Hindustan Zinc Ltd. v. Union of India, which favored the availability of Cenvat credit for welding electrodes. The Counsel pointed out that the Supreme Court's order in the case of Steel Authority of India Ltd. v. Commissioner did not lay down any law and merely summarily dismissed the SLP. The Departmental Representative, however, relied on the Supreme Court's order in SAIL v. Commissioner, emphasizing that the dismissal of SLP affirmed the Tribunal's decision that welding electrodes are not eligible for Cenvat credit.

Decision:
After considering the arguments from both sides, the Tribunal held in favor of the Appellant, following the judgment of the Hon'ble Rajasthan High Court in Hindustan Zinc Ltd. v. Union of India. The Tribunal noted that the contrary view in the Supreme Court's order was a summary dismissal of the SLP and did not affirm the Tribunal's decision on merit. Therefore, the Tribunal concluded that Cenvat credit is available for welding electrodes used in the repair and maintenance of the sugar machinery. Consequently, the impugned order upholding the Cenvat credit demand and penalty imposition was set aside, and the appeal was allowed.