2009 (9) TMI 788 - AT - Central Excise

CENVAT credit - welding electrodes - whether welding electrodes used for repair and maintenance of plant and machinery are eligible for Cenvat credit as capital goods? - Held that - the welding electrodes are covered by the definition of capital goods - appeal allowed - decided in favor of appellant.

Summary

Issues:
Whether welding electrodes used for repair and maintenance of plant and machinery are eligible for Cenvat credit as capital goods.

Analysis:
The main issue in these appeals revolves around the eligibility of welding electrodes for Cenvat credit as capital goods. The appellant argued that the welding electrodes, being part of the welding machine classified under heading 84.68, should be considered capital goods. They relied on a judgment of the Hon'ble Rajasthan High Court that overruled a Tribunal decision stating welding electrodes are not eligible for Cenvat credit as inputs. On the other hand, the respondent contended that welding electrodes do not fall under the definition of capital goods, citing a Tribunal decision and a Supreme Court order dismissing an SLP. They argued that the Supreme Court's order is a binding precedent, emphasizing that the High Court did not consider this order in its judgment.

The Tribunal carefully examined the submissions and records. It noted that welding electrodes are used for repair and maintenance of plant and machinery, forming part of the welding machine classified under heading 84.68. As per the Cenvat Credit Rules, the welding electrodes are considered capital goods if listed in Rule 2(a) and used in the manufacturer's factory, regardless of their role in the manufacturing process. The Tribunal referenced the Hon'ble Rajasthan High Court's judgment, which held that welding electrodes are eligible for Cenvat credit as inputs and capital goods. It distinguished a co-ordinate bench judgment that only considered welding electrodes as inputs, not capital goods. Notably, the Tribunal highlighted that the Supreme Court's order dismissing the SLP did not overrule the High Court's decision, making it binding on the parties involved.

Given the appellant's identity as M/s. Hindustan Zinc Ltd., the Tribunal found the High Court's judgment in their case regarding Cenvat credit for welding electrodes to be binding. Referring to a Supreme Court precedent, the Tribunal emphasized that Central Excise Authorities must adhere to the law decided by the High Court within their jurisdiction. Consequently, based on the High Court's ruling, the Tribunal concluded that welding electrodes are eligible for Cenvat credit as capital goods. Consequently, the impugned order was set aside, and the appeals were allowed. The judgment was pronounced on 23-9-2009.