2011 (7) TMI 622 - AT - Central Excise

Cenvat credit on MS/ PMP plates and HR sheets - sheets used for repair and maintenance of equipments of sugar mill - Held that - MS / SS plates used in the maintenance and repair of machinery is eligible for Cenvat credit. Goods which are necessary for running of plant and up-keeping of the machinery directly involved in the manufacturing and products are held to be eligible to avail Modvat credit. See Hindustan Zinc Ltd (2008 (9) TMI 163 (HC)) - Decided in favor of assessee.

Summary

Issues:
Eligibility to availment of Cenvat credit on MS/PMP plates and HR sheets for repair and maintenance of equipments of a sugar mill.

Analysis:
The appeal before the Appellate Tribunal CESTAT, DELHI was centered on the eligibility of availing Cenvat credit on MS/PMP plates and HR sheets used for repair and maintenance of equipment in a sugar mill. The contention of the assessee was that these materials were utilized for repair and maintenance purposes, while the Departmental Representative argued that they were used for structures and platforms. Upon reviewing the records, it was noted that the assessee consistently maintained that the disputed plates were employed for the repair and maintenance of plant and machinery. The adjudicating authority's order highlighted that the plates were indeed used for repair and maintenance activities, as confirmed by the jurisdictional Range Officer's report. This report indicated that the plates were replaced at damaged areas of boilers, pans, tanks, etc., emphasizing the repair and maintenance aspect.

The Tribunal referred to a judgment by the High Court of Rajasthan in the case of Union of India vs. Hindustan Zinc Ltd., which upheld the view that MS/SS plates used in the maintenance and repair of machinery are eligible for Cenvat credit. The High Court's decision emphasized the importance of such goods in the upkeep and maintenance of plant and machinery directly involved in manufacturing processes. It was concluded that these goods are essential for the smooth operation and efficiency of the plant, qualifying them as capital goods eligible for Modvat credit. The Tribunal, in light of the settled law by the High Court of Rajasthan, set aside the impugned order and allowed the appeal, recognizing the eligibility of the assessee to avail Cenvat credit on the disputed plates for repair and maintenance activities related to plant and machinery in the sugar mill.