2008 (9) TMI 960 - AT - Central Excise

Summary

Issues involved: Whether the appellants are entitled to credit of duty paid on cement and Tor Rods used in the installation of production machineries as "inputs" or "capital goods".

The appellant contended that the impugned goods, cement and Tor Rods, were used for laying the foundation for the production of machineries for smooth operations, citing various case laws in support of their claim. They argued that they are entitled to credit of duty paid on these items either as "inputs" or as "capital goods". The respondent, on the other hand, argued that neither the cement nor the iron and steel items used in the initial construction of the plant can be considered as "inputs" in the finished goods or as "capital goods" for grant of Cenvat Credit.

After hearing both sides and considering the case records and cited case laws, the Tribunal noted the conflicting decisions on the issue. They referred to a decision of the Bombay Bench of the Tribunal and a subsequent decision of the Principal Bench to refer a similar matter to a Larger Bench. In light of this, the Tribunal decided to refer the present case to the Hon'ble President for reference to the same Larger Bench that had considered a related case. The Tribunal ordered accordingly, emphasizing the need for a consistent approach in such matters.

The judgment was pronounced in the open Court on 25.09.2008.