2010 (11) TMI 927 - AT - Central Excise

Summary

Issues involved: Appeal against disallowance of Cenvat Credit on welding electrodes as capital goods.

Summary:

Issue 1: Disallowance of Cenvat Credit
The appellants, engaged in sugar and molasses manufacturing, claimed Cenvat credit on welding electrodes used for plant maintenance. The Assistant Commissioner disallowed the claim, leading to an appeal which was dismissed by the Commissioner (Appeals).

Issue 2: Legal Arguments
The appellants argued that even if credit as inputs was not admissible, it should be allowed as capital goods based on precedents from various High Courts and Tribunals. The Departmental Representative cited settled law that disallowed such credit.

Issue 3: Precedents and Tribunal Decisions
The impugned order referred to a Larger Bench decision stating that welding electrodes used for repairs are not considered capital goods for Cenvat credit. The Tribunal's decision in Vikram Cement's case reiterated that welding electrodes for maintenance do not qualify as inputs for credit.

Issue 4: Apex Court Confirmation
The decision highlighted that the Apex Court dismissed an appeal related to a similar case, confirming the Tribunal's view on the matter. It emphasized that the Tribunal's decision in Jaypee Rewa Plant's case, followed in SAIL's case, was binding.

Issue 5: Binding Precedents
The observations of High Courts were deemed incongruent with the Apex Court's decision, emphasizing the binding nature of the Tribunal's decisions. The finding that welding electrodes were not capital goods for credit was unchallenged by the appellants.

Conclusion
The Tribunal found no fault in the impugned order disallowing Cenvat credit on welding electrodes, as they were used for repairs and maintenance, not in manufacturing processes. Consequently, the appeal was dismissed.