2014 (2) TMI 1294 - AT - Central Excise

CENVAT credit - whether the various iron and steel items used by the respondents in their factory for fabrication of capital goods are cenvatable or not? - Held that - If the items can be used in the fabrication of capital goods, the benefit of CENVAT credit of duty paid on various iron and steel items would be available to them in terms of the law declared by the Larger Bench decision of the Tribunal in the case of Vandana Global Vs. CCE, Raipur 2010 (4) TMI 133 - CESTAT, NEW DELHI (LB) - credit allowed - appeal allowed - decided in favor of assessee.

Summary

Issues involved: Whether iron and steel items used by the respondents in their factory are cenvatable.

Analysis:
The main issue in the present appeals was whether the iron and steel items utilized by the respondents in their factory could be considered cenvatable. The Commissioner (Appeals) had ruled in favor of the respondents, stating that since the items were used in the fabrication of capital goods, they should be treated as cenvatable items. The Revenue, in their Memo of Appeal, failed to present any evidence to counter this finding. The appellate authority's decision was based on the evidence provided by the respondents and the General Manager certificate. Moreover, the Revenue did not produce any evidence to show that the goods were used for supporting structurals. The Judicial Member, therefore, declined to disturb the factual findings of the Commissioner (Appeals). It was noted that if the items could be utilized in the fabrication of capital goods, the benefit of CENVAT credit of duty paid on various iron and steel items would be available to the respondents, as per the legal precedent set by the Larger Bench decision of the Tribunal in the case of Vandana Global Vs. CCE, Raipur [2010 (253) E.L.T. 440 (Trb LB)].

The Judicial Member found no fault in the order of the Commissioner (Appeals) and consequently rejected the Revenue's appeal. The judgment emphasized the importance of evidence and the application of legal principles in determining the cenvatability of iron and steel items used in the manufacturing process. The decision highlighted the significance of factual findings supported by evidence in such cases and underscored the need for the Revenue to provide contrary evidence to challenge the findings of the appellate authority. The reference to the legal precedent further strengthened the reasoning behind allowing the benefit of CENVAT credit in this particular case. The judgment, delivered by Archana Wadhwa, Judicial Member of the Appellate Tribunal CESTAT, New Delhi, provided a clear and reasoned analysis of the issues at hand, ultimately upholding the decision of the Commissioner (Appeals) in favor of the respondents.