2011 (6) TMI 349 - AT - Central Excise

Cenvat credit - MS Grating, TMT Bars, Angle Plate Beams, HR Coils, MS Sheets etc. - Held that - The issue stands covered in the case of Vandana Global Limited vs. CCE, Raipur (2010 (4) TMI 133 - CESTAT, NEW DELHI (LB))- as find that from Commissioner (Appeals) order that he has observed that the adjudicating authority has not examined/ commented upon the use of the said goods - Therefore, remand the appeals to original adjudicating authority for examining the use of said items and re-decide the issue in the light of the law declared by the Larger Bench in the above referred case.

Summary

Issues involved:
Whether certain items can be considered as eligible capital goods for modvat credit.

The judgment by the Appellate Tribunal CESTAT, Ahmedabad, involved an appeal by the Revenue against the order passed by the Commissioner (Appeal). The issue at hand was whether items like MS Grating, TMT Bars, Angle Plate Beams, HR Coils, and MS Sheets could be classified as eligible capital goods for modvat credit. Both sides agreed that the matter was covered by a Larger Bench decision in the case of Vandana Global Limited vs. CCE, Raipur. However, the authorized representative for the respondents argued that according to Para 49 and 50 of the said judgment, these items would not qualify as capital goods if used for laying foundation and building supporting structures. The representative contended that in their case, the items were used for fabricating machines and ensuring vibration-free function upon installation. The Tribunal noted that the adjudicating authority had not examined or commented on the use of the goods in question. Given the legal position established by the Larger Bench decision, the Tribunal decided to set aside the impugned order and remand the appeals to the original adjudicating authority for a detailed examination of the use of the items. The authority was instructed to re-decide the issue in light of the legal principles outlined in the Vandana Global Limited case. Consequently, both appeals by the Revenue were allowed for remand, ensuring a thorough reconsideration based on the legal precedent provided.

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