2017 (8) TMI 1334 - AT - Central Excise

CENVAT credit - inputs used for manufacture of components of capital goods and also used for manufacture of supporting structures of capital goods - Held that - the amendment of Rule 2 (R) by Notification dated 07.07.2009 would be effective prospectively - The period of dispute in the present case is prior to 07.07.2009 - appeal allowed - decided in favor of appellant.

Summary

Issues:
Denial of Cenvat Credit on Iron & Steel items availed during May 2002 to May 2009.

Analysis:
The appellant appealed against the denial of Cenvat Credit on Iron & Steel items used from May 2002 to May 2009. The appellant argued that the inputs were utilized for manufacturing components and supporting structures of capital goods. However, the Revenue rejected the credit citing a decision by the Larger Bench of the Tribunal in the case of Vandana Global Ltd., which stated that the amendment of Rule 2 (k) of Cenvat Credit Rules, 2004 by a notification dated 07.07.2009 was effective retrospectively. The appellant relied on various decisions to support their case, emphasizing that the amendment should be applied prospectively.

The Tribunal noted that in the decisions cited by the appellant, it was established that the amendment of Rule 2 (R) by the notification dated 07.07.2009 should be considered effective prospectively. Importantly, the period in question in the present case precedes the mentioned notification date of 07.07.2009. Consequently, based on the discussions and precedents, the Tribunal allowed the appeal filed by the appellant. The operative part of the order was pronounced in the open court, thereby resolving the issue of denial of Cenvat Credit on Iron & Steel items for the specified period.