2016 (1) TMI 1212 - AT - Central Excise

Cement and clinker - CENVAT credit - welding electrodes - whether CENVAT credit is admissible in respect of welding electrodes and gases used for repair and maintenance of plant and machinery? - Held that - In Kisan Co-Operative Sugar Factory Ltd. Vs. CCE Meerut-I 2013 (8) TMI 98 - CESTAT NEW DELHI relying upon the judgment of Hon ble Chhattisgarh High Court in case of Ambuja Cement Eastern Ltd. 2010 (4) TMI 429 - CHHAITISGARH HIGH COURT it has been held that welding electrodes used for repair and maintenance of plant and machinery eligible for Cenvat Credit. It was observed therein that in Sree Rayalseema Hi Strength Hypo Ltd. 2012 (11) TMI 255 - ANDHRA PRADESH HIGH COURT the Honble Court has not considered the point as to whether manufacturing operations was commercially feasible without regular repair and maintenance of the plant and machinery by using welding electrodes - the impugned order is not sustainable - credit allowed - appeal allowed - decided in favor of appellant.

Summary

Issues Involved: Denial of credit on welding electrodes.

Analysis:
The case involved the denial of credit on welding electrodes and gases by the appellants who are manufacturers of cement and clinker. The original authority disallowed the credit availed on welding electrodes and gases, leading to a demand confirmation. The Department appealed challenging the non-imposition of penalty, while the appellants appealed against the disallowance of credit. The Commissioner(Appeals) allowed the Department's appeal, imposing a penalty under Rule 15(1) of CENVAT Credit Rules, 2004, and dismissed the appellants' appeal stating that credit on welding electrodes and gases used for repair of capital goods is not admissible. The appellants then filed the present appeal against this decision.

The appellants argued that welding electrodes and gases were used for the repair and maintenance of capital goods, essential for the manufacture of final products. They contended that such repair is necessary to prevent the standstill of final product manufacturing and that these items qualify as inputs directly or indirectly used in the manufacturing process. They relied on previous decisions of CESTAT to support their case.

On the other hand, the Department's representative strongly opposed the admissibility of credit on welding electrodes for repair and maintenance purposes, citing a specific judgment to support their argument.

After considering the submissions, the Tribunal analyzed whether CENVAT credit was admissible for welding electrodes and gases used in plant and machinery repair. Referring to previous judgments, the Tribunal highlighted the importance of regular repair and maintenance for the feasibility of manufacturing operations. The Tribunal found the impugned order unsustainable based on the precedents cited and set it aside, allowing the appeals with consequential reliefs.

In conclusion, the Tribunal ruled in favor of the appellants, overturning the decision that denied credit on welding electrodes and gases used for repair and maintenance of plant and machinery.