2016 (1) TMI 1202 - AT - Central Excise

CENVAT credit - denial of credit on M.S. Items used for manufacturing capital goods - Held that - reliance placed in the case of CCE, Jaipur Vs Rajasthan Spinning and Weaving Mills Ltd. 2010 (7) TMI 12 - SUPREME COURT OF INDIA and India Cements Ltd Vs CESTAT Chennai 2015 (3) TMI 661 - MADRAS HIGH COURT held that the assessee was entitled for credit on the MS Items used for fabrication of capital goods/accessories/parts and structural supports to plant and machinery - the disallowance of credit is not justifiable - appeal allowed - decided in favor of appellant.

Summary

Issues:
Denial of credit on M.S. items used for manufacturing capital goods.

Analysis:
The case involved an appeal by the appellants who were denied credit on M.S. items used for manufacturing capital goods. The appellants, engaged in manufacturing Pig Iron falling under Chapter 72 of CETA, 1985, availed Cenvat Credit on inputs and capital goods. The denial of credit was based on the observation during scrutiny of ER-I return that credit was wrongly availed on items like Plates, Channels, Angles, and MS Items. A show cause notice was issued proposing recovery of the credit along with interest and penalty. The original authority partly allowed the credit but confirmed the demand and interest on the disallowed credit. The Commissioner (Appeals) upheld this decision, leading to the appellants filing the appeal.

Upon review of the records, it was found that the appellants had explained the usage of MS items in their manufacturing process through a letter to the department. The MS items were utilized in manufacturing various components such as foundation bolts, tie rods, hot blast stoves, boilers, turbines, gas cleaning plants, and more. The Commissioner (Appeals) had relied on a previous case and denied the credit, arguing that the items were used for making the structure of capital goods. However, the Range Officer's verification report confirmed the utilization of the impugned goods in the plant and machinery of the appellant.

The issue of whether credit is admissible on MS items was discussed in previous cases such as CCE, Jaipur Vs Rajasthan Spinning and Weaving Mills Ltd. and India Cements Ltd Vs CESTAT Chennai. These cases established that the assessee was entitled to credit on MS items used for fabrication of capital goods, accessories, parts, and structural supports to plant and machinery. Considering the facts, evidence, and the precedents cited, the judge concluded that the disallowance of credit was not justified. Consequently, the impugned order was set aside, and the appeal was allowed with any consequential reliefs deemed necessary.