2016 (4) TMI 1219 - AT - Central Excise

CENVAT credit - items being steel castings, bronze ingots, HR Plates, Shapes & Sections, Billets, Round, I & S Bars, Sq. Tools, asbestos sheet etc. falling under Chapter 72, 68 - Held that - it is an admitted fact that the appellants have utilized items in question in the factory of production, most of the items in question have been used in fabrication of further items or plant - the items in question are utilized in the factory of production on which Cenvat Credit have been rightly taken, are allowable under the amended definition of inputs - appeal allowed - decided in favor of assessee.

Summary

Issues:
- Denial of Cenvat Credit for availed items
- Extended period of limitation invoked by the department
- Adjudication of SCN by Additional Commissioner
- Appeal before Ld. Commissioner (Appeals)
- Appellant's contention on the usage of items in manufacturing
- Impugned order upholding demand on certain items
- Reduction of penalty by Ld. Commissioner (Appeals)
- Argument on old definition of input by the appellant
- Appeal before the Tribunal challenging the impugned order
- Appellant's reliance on Chartered Engineer's certificate
- Interpretation of items as components/spares/accessories of capital goods
- Comparison with similar case for subsequent period
- User test application for Cenvat Credit eligibility
- Revenue's reliance on the impugned order
- Final decision by the Tribunal

Analysis:

The case involves an appeal by M/s K.L. Steel Pvt. Ltd. against the denial of Cenvat Credit amounting to &8377; 8,16,996 on various items used in manufacturing excisable goods. The department invoked the extended period of limitation based on an audit finding that the items availed as credit were not covered under the definition of capital goods or input. The Additional Commissioner confirmed the demand and imposed penalties. The appellant contended that the items were used in manufacturing components of machinery and provided details of their usage. However, the Adjudicating Authority found the items to be of general nature without specific use in manufacturing, leading to the denial of credit.

The Ld. Commissioner (Appeals) upheld the demand on certain items but set aside the demand for a specific period due to limitation. The appellant challenged the order before the Tribunal, arguing that the old definition of input was relied upon by the Revenue, which had changed in 2011. The appellant emphasized the usage of items in their factory and presented a Chartered Engineer's certificate detailing the specific use of the items. The Tribunal analyzed the items' usage, considering them as components/spares/accessories of capital goods based on the evidence provided.

The Tribunal compared the case with a similar one for a subsequent period where Cenvat Credit was disallowed. However, the Ld. Commissioner (Appeals) allowed the credit, emphasizing the usage of items in manufacturing processes. The Tribunal applied the user test to determine the eligibility of Cenvat Credit, concluding that the items were utilized in the factory of production and hence allowable under the amended definition of inputs. Consequently, the appeal was allowed, and the impugned order confirming the disallowance of Cenvat Credit along with the penalty was set aside.