2015 (10) TMI 2526 - AT - Central Excise

Cenvat credit - welding electrodes, channels, hot strip mill plate, angles, MS plate, TMT bars, GCGSC sheet et cetera - improper cenvat credit taken - reversal of cenvat credit on some items like girder, hot strip mill plate, TMT, GCGSC sheet, which were used in civil work prior to issue of SCN - other items were used for repairing purpose of old plant and machinery and not used as capital goods nor as inputs for manufacturing of capital goods in the factory - Held that - it is found that, save and except the inputs which have been used in civil work and which was not disputed and reverse entry was passed during the course of investigation. The other goods have been utilised in the repair and maintenance of capital goods which are further used in the production of the excisable finished products. In view of the fact that no final product can be manufactured without the repair and maintenance and upkeep of the capital goods, the inputs required for the upkeep and maintenance are eligible inputs for Cenvat credit. - Decided in favour of appellant with consequential relief

Summary

Issues involved:
Appeal against denial of Cenvat credit on certain goods used for repair and maintenance of capital goods. Disallowance of Cenvat credit by Commissioner of Central Excise. Imposition of penalty under rule 15 (2) with interest. Upholding of disallowance of Cenvat credit by Commissioner (Appeals) but setting aside of penalty. Eligibility of goods used in repair and maintenance of machinery for Cenvat credit.

Analysis:
The Appellant, a sugar and molasses manufacturer, appealed against the denial of Cenvat credit on goods like welding electrodes, channels, hot strip mill plate, etc., used for repair and maintenance of capital goods. A show cause notice was issued questioning the eligibility of these items for credit. The Appellant argued that the goods were essential for the upkeep of machinery required in manufacturing final products. The Commissioner (Appeals) upheld the disallowance of credit but waived the penalty, noting the Appellant's failure to prove the goods were used in manufacturing capital goods. The Appellant contended that the goods were indeed used for maintenance of capital goods and cited precedents supporting the eligibility of such inputs for Cenvat credit.

The Appellant presented a detailed chart and certificate showing the utilization of goods for repair and maintenance of capital goods. They referenced a Tribunal ruling favoring the eligibility of goods used in machinery repair for credit. The Appellant argued that repair and maintenance activities are crucial for manufacturing final products, thus justifying Cenvat credit eligibility. Precedents were cited where goods used for repair and maintenance of capital goods were deemed eligible for credit. The Appellant emphasized that the utilization of goods for maintenance was not disputed, requesting the appeal to be allowed.

After considering the arguments, the Tribunal found that goods used in repair and maintenance of capital goods, essential for producing excisable finished products, are eligible for Cenvat credit. The appeal was allowed, setting aside the impugned order. The Appellant was granted consequential relief as per the law. The decision highlighted the necessity of repair and maintenance activities for manufacturing final products, establishing the eligibility of inputs used in such processes for Cenvat credit.