2014 (2) TMI 1155 - AT - Central Excise

Denial of CENVAT Credit - Capital goods - whether various iron and steel items like MS Plate, HR Plate, MS channel, angles, etc. are entitled to avail the benefit of CENVAT credit of duty paid on the same - Held that - if such goods are used for supporting structurals, they will not be entitled to CENVAT credit, but if the same are used for fabrication of machines installed in the factory, the benefit of CENVAT credit would be available. - Commissioner (Appeals) has, after considering the documentary evidence before him, given a categorical finding that such items have been used for making equipments and parts of rolling mills. He has also examined Schematic Diagram of Rolling Mill & Layout of Rolling Mill with regard to the uses of these items in the factory of the production. As such, he has held that in as much as the items in question were used for fabrication of the machines, the respondents are entitled to the CENVAT credit - Decided against Revenue.

Summary

Issues involved: Whether iron and steel items are entitled to avail CENVAT credit of duty paid on them.

Analysis:

1. Legal Issue of CENVAT Credit Eligibility:
The main issue in the present appeal was whether various iron and steel items like MS Plate, HR Plate, MS channel, angles, etc., are eligible to avail the benefit of CENVAT credit of duty paid on them. The Tribunal referred to the Larger Bench decision in the case of Vandana Global Vs. CCE, Raipur [2010 (253) E.L.T. 440 (Trb LB)], which clarified that if such goods are used for supporting structurals, they would not be entitled to CENVAT credit. However, if the same items are used for fabricating machines installed in the factory, then the benefit of CENVAT credit would be available.

2. Evaluation of Commissioner (Appeals) Order:
The Commissioner (Appeals) had given a categorical finding that the iron and steel items in question were used for making equipments and parts of rolling mills. The Commissioner examined the documentary evidence, including the Schematic Diagram of Rolling Mill & Layout of Rolling Mill, to determine the usage of these items in the factory's production process. Consequently, the Commissioner concluded that since the items were used for the fabrication of machines, the respondents were entitled to claim CENVAT credit amounting to Rs. 1,24,721.

3. Lack of Contestation by Revenue:
The Revenue, in their Memo of Appeal, did not contest the factual findings made by the Commissioner (Appeals). Instead, they reiterated the general statement that such items are usually used as supporting structurals. However, since there was no rebuttal to the specific findings of fact by the Commissioner, the Tribunal found no basis to entertain the appeal filed by the Revenue and subsequently rejected it.

In conclusion, the Tribunal upheld the Commissioner (Appeals) decision, emphasizing that the eligibility of iron and steel items for CENVAT credit hinges on their usage for fabricating machines rather than as supporting structurals. The lack of challenge to the factual findings by the Revenue led to the rejection of their appeal.