2010 (10) TMI 1142 - HC - Central Excise

CENVAT credit - capital goods - Plate/Plate Mill Plate, M.S. Angle/MST Angle, Angle, M.S. Beam, M.S. Channel, etc - Held that - the Tribunal was correct in law in holding that the assessee was entitled to avail of Modvat credit in respect of the above subject items - appeal dismissed - decided against Revenue.

Summary

Issues:
1. Whether the Appellate Tribunal erred in allowing the appeal to the respondent and granting them credit on the impugned items?
2. Whether the items specified in the appeal were considered "Capital Goods" under Rule 2(b) of the Cenvat Credit Rules, 2002 during a specific period?

Analysis:
1. The appeal under Section 35G of the Central Excise Act, 1944 involved the disallowance of Modvat credit on capital goods like Plate/Plate Mill Plate, M.S. Angle/MST Angle, M.S. Beam, M.S. Channel, etc. The Commissioner (Appeals) dismissed the appeal, but the Tribunal allowed it based on the decision of another Tribunal. The Tribunal held that structural items necessary for machine function are not used in building construction but are linked to machinery for production, making Cenvat credit admissible.

2. The respondent's counsel cited a Supreme Court decision in a similar case, arguing that the issue raised by the revenue was settled in favor of the assessee. The counsel also referred to another Supreme Court case supporting the assessee's position. The appellant's counsel agreed that the Supreme Court had already decided in favor of the assessee on this issue. The Tribunal, in a previous case involving the same assessee, had allowed Modvat credit on similar capital goods, which influenced the decision in the present case.

3. Citing the Rajasthan Spinning & Weaving Mills Ltd. case, the Supreme Court confirmed that Modvat credit could be availed for items like steel plates and M.S. channels used in specific fabrication. The Tribunal's decision in the respondent's previous case further supported the allowance of Modvat credit on capital goods. Consequently, the Court found no merit in the appeal and dismissed it, affirming the Tribunal's decision to grant Modvat credit on the disputed items.