2012 (11) TMI 1132 - AT - Central Excise

Summary

Issues involved: Admissibility of Cenvat credit for iron and steel products used in maintenance and repair of machinery and overhead cranes.

Summary:

Issue 1: Admissibility of Cenvat credit for iron and steel products used in maintenance and repair

The dispute in the present appeal concerns the admissibility of Cenvat credit for various iron and steel products used in maintenance and repair of machinery and overhead cranes. The Commissioner (Appeals) rejected the appellant's prayer for credit, stating that the items were used in the manufacture of supporting structures for overhead cranes. The legal issue hinges on whether the items were used as supporting structures or for repair and maintenance of plant and machinery. The Larger Bench decision in Vandana Global Ltd. established that if the items are used as supporting structures, credit is not admissible. Conversely, various High Court decisions, such as Ambuja Cements Eastern Ltd. v. CCE, Raipur, support the admissibility of credit for items used in repair and maintenance activities.

Issue 2: Disputed fact regarding usage of goods for repair and maintenance

The factual dispute revolves around whether the goods were indeed used for repair and maintenance, as claimed by the appellant. The Revenue authority acknowledged the appellant's stance on actual usage but disallowed credit based on legal grounds. The Commissioner (Appeals) did not accept the appellant's factual position, despite reliance on the statement of the General Manager indicating the goods were used for maintenance and repair. Given the factual nature of the dispute, the matter is remanded to the original adjudicating authority for a fresh decision considering the General Manager's statement and other relevant records.

In conclusion, the appeal is allowed, and the impugned order is set aside for further examination of the factual aspect by the adjudicating authority.