2016 (1) TMI 1179 - AT - Central Excise

CENVAT credit - MS ingots - Held that - In the case of India Cements Ltd Vs CESTAT, Chennai 2015 (3) TMI 661 - MADRAS HIGH COURT the Hon ble High Court has considered the issue and held that credit is admissible on MS items used for fabrication/erection of capital goods. Applying the ratio laid in the said judgment and on appreciation of the facts I am of the view that the impugned order does not call for any interference - appeal dismissed - decided against Revenue.

Summary

Issues:
- Challenge to order directing recovery of Cenvat credit on MS items used in manufacturing
- Eligibility of MS items as inputs or capital goods
- Examination of documents to establish usage of MS items in fabrication of capital goods
- Application of precedent regarding admissibility of credit on MS items

Analysis:
1. The appeal filed by Revenue contested the order passed by the Commissioner (Appeals) regarding the recovery of Cenvat credit availed on MS items used in manufacturing. The original authority had denied the credit and imposed recovery, interest, and penalty. The key contention was whether the MS items should be considered as inputs or capital goods in the production process of MS ingots.

2. The Revenue argued that the MS items were not directly used in the manufacture of the final product, MS ingots, and thus were not eligible for Cenvat credit. However, the consultant for the respondent provided documents such as work orders, quotations, and purchase orders to demonstrate the usage of the MS items in the fabrication of capital goods. The Commissioner (Appeals) thoroughly examined these documents and concluded that there was sufficient proof of the MS items being utilized in the fabrication of goods.

3. The Commissioner (Appeals) highlighted that the description of the goods fabricated by various job workers did not indicate that they were structural supports or immovable goods as claimed by the original authority. It was emphasized that as long as the goods manufactured/fabricated were in the nature of capital goods or machinery, credit could not be denied on the MS items used for such purposes. The Commissioner's decision was supported by a precedent set in the case of India Cements Ltd Vs CESTAT, Chennai.

4. The judgment cited the precedent where the High Court held that credit is admissible on MS items used for the fabrication or erection of capital goods. Based on this precedent and the evidence presented, the Tribunal upheld the decision of the Commissioner (Appeals) and dismissed the appeal filed by the Revenue. The judgment emphasized the importance of examining the actual usage of the items in the manufacturing process rather than solely relying on technical classifications.