2009 (1) TMI 722 - AT - Central Excise

Summary

Issues Involved:
The appeal involves the eligibility of the appellant to avail Cenvat credit on various items used in the manufacturing and repair & maintenance of capital goods.

Issue 1: Disallowance of Cenvat Credit by Adjudicating Authority

The original authority disallowed the credit on the grounds that the impugned goods were used for repair & maintenance activity, not in the manufacturing of capital goods.

Judgment:
The Commissioner (A) set aside the original order based on the law laid down by the Tribunal and the High Court of Rajasthan, allowing the credit. The revenue appealed against this decision.

Issue 2: Eligibility of Items for Cenvat Credit

The appellant claimed Cenvat credit on items like Aluminum Sheets, Gaskets, Electrodes, etc., used in the repair & maintenance of machinery.

Judgment:
The revenue argued that items used for repair and maintenance are not eligible for Cenvat credit as capital goods, citing previous tribunal decisions. However, the Commissioner (A) allowed the credit based on the High Court of Rajasthan's judgment, which held such items eligible for credit.

Issue 3: Interpretation of Capital Goods and Spares

The revenue contended that the items in question were not parts or components of machinery and should not be considered as "spares" to capital goods.

Judgment:
The Tribunal found that the High Court's decision supporting the appellant's claim prevailed over the revenue's arguments. The Commissioner (A) correctly allowed the credit, as per the settled law that High Court decisions supersede Tribunal judgments.

In conclusion, the Tribunal dismissed the revenue's appeal, upholding the Commissioner (A)'s decision to allow the Cenvat credit on the disputed items, in line with the High Court of Rajasthan's ruling.