2010 (9) TMI 519 - AT - Central Excise

CENVAT credit - Capital goods - UPS which are installed in the office premises and being used in the manufacturing unit as well in their office - The CENVAT credit on the capital goods is available if those capital goods are being directly or indirectly used in the manufacturing process of the finished goods as held by this Tribunal in the case of Ashok Leyland that if the servers/UPS used in the factory premises as well as in the office premises CENVAT credit is available. Held that the UPS installed in the office premises which are being mainly used in the manufacturing process, the CENVAT credit is available to the appellant - Accordingly, the impugned order is set aside - The appeal is allowed in favour of assessee.

Summary

Issues: Availability of CENVAT credit on UPS installed in office premises and used in manufacturing unit.

Analysis:
The appeal focused on determining whether the appellants were entitled to avail CENVAT credit on UPS installed in their office premises and used in the manufacturing unit. The advocate for the appellants argued that the impugned goods fell under the definition of Rule 2 of CENVAT Credit Rules, 2004, which allows credit on capital goods used in the factory of the manufacturer of final products. He emphasized that Rule 2 does not explicitly exclude capital goods installed in the office premises but used in the manufacturing unit. Citing a precedent, Commissioner of Central Excise v. Ashok Leyland, it was highlighted that Modvat credit was available for UPS/servers used in all company operations, including design and production. Moreover, the advocate contended that the demand was time-barred since the UPS installation (March-April 2005) was known to the department before the show-cause notice issued in 2008.

The Tribunal considered the absence of a specific provision in CENVAT Credit Rules, 2004 that denies credit for capital goods installed in the office but used in manufacturing. It was acknowledged that the UPS was essential for manufacturing finished goods. The denial of credit based solely on the UPS installation in the office premises was deemed incorrect. Referring to the Ashok Leyland case, the Tribunal affirmed that CENVAT credit on capital goods is permissible if they are directly or indirectly utilized in the manufacturing process of finished goods. Consequently, the Tribunal concluded that since the UPS installed in the office premises primarily supported the manufacturing process, the appellants were eligible for CENVAT credit. As a result, the impugned order was overturned, and the appeal was allowed.