2009 (2) TMI 686 - AT - Central Excise

Cenvat/Modvat credit - whether input duty credit in respect of Welding Electrodes used in maintenance and repair of machinery is admissible?

Summary

Issues:
Admissibility of input duty credit for Welding Electrodes used in maintenance and repair of machinery.

Analysis:
The judgment by the Appellate Tribunal CESTAT, Kolkata involved two Appeals filed by the Department concerning the admissibility of input duty credit for Welding Electrodes used in maintenance and repair of machinery. The Appeals were heard together as they raised a common question regarding the eligibility of such credit. Despite notice, no one appeared for the Respondents, and there was no adjournment request. The Department argued that a similar issue had been decided previously in the case of SAIL v. Commissioner and the decision was upheld by the Hon'ble Supreme Court. The Department contended that input duty credit for Welding Electrodes used in repair and maintenance of machinery was not admissible based on the precedents set by the Tribunal and the Supreme Court.

The Tribunal noted that the legal position on the issue had been settled by the decision in the case of SAIL and the subsequent dismissal of the Appeal by the Hon'ble Supreme Court. Therefore, the Tribunal concluded that the impugned Orders passed by the lower Appellate Authority granting input duty credit for Welding Electrodes could not be sustained. As a result, the impugned Orders were set aside, and both Departmental Appeals were allowed. The Stay Petitions filed by the Applicant/Appellant Commissioner were also rejected as the Appeals could be disposed of on the same day due to the settled legal position.

In summary, the judgment clarified the inadmissibility of input duty credit for Welding Electrodes used in the repair and maintenance of machinery based on established legal precedents and the decision of the Hon'ble Supreme Court. The Appeals filed by the Department were allowed, and the impugned Orders granting such credit were set aside, emphasizing the finality of the issue as per the settled legal position.