2011 (7) TMI 623 - AT - Central Excise

Cenvat credit on welding electrodes used for repair and maintenance of plant and machinery - Held that - Cenvat credit can be availed on welding electrodes which are used for maintenance of plant and machinery. See Hindustan Zinc Ltd(2008 (9) TMI 163 (HC)) Ambuja Cements Eastern Ltd. vs. CCE Raipur (2010 (4) TMI 429 (HC)) CCE Bangalore-I vs. Alfred Herbert (India) Ltd (2010 (4) TMI 424 (HC)) - Decided in favor of assessee.

Summary

Issues:
- Eligibility for Cenvat credit on welding electrodes used for repair and maintenance of plant and machinery.

Analysis:
The appeal before the Appellate Tribunal CESTAT, DELHI involved the question of whether the appellant is entitled to avail Cenvat credit on welding electrodes utilized for the repair and maintenance of plant and machinery. The lower authorities had previously denied the credit. The appellant argued that similar issues had been decided in their favor by the High Courts of Chhattisgarh, Rajasthan, and Karnataka in various cases. Conversely, the Departmental Representative (DR) relied on the decision of the Division Bench of the Tribunal in the case of Vikram Cement and the judgment of the Apex Court in the matter of Ramala Sahkari Chini Mills Ltd.

The Tribunal carefully examined the submissions from both parties and reviewed the records. It was noted that the crucial issue at hand was whether duty paid on welding electrodes, used for the repair and maintenance of plant and machinery in the factory, is eligible for Cenvat credit. The Tribunal acknowledged the binding nature of the judgments from the High Courts of Chhattisgarh, Rajasthan, and Karnataka, which unequivocally allowed the availment of Cenvat credit on welding electrodes used for maintenance purposes. Consequently, the Tribunal found these judgments to be directly applicable and binding.

Regarding the Division Bench decision in the Vikram Cement case and the Apex Court's reference to a Larger Bench in the Ramala Sahkari Chini Mills case, the Tribunal emphasized that the judgments of the High Courts carry more significant binding force. As the matter referred to the Larger Bench was still pending, the Tribunal concluded that the High Court judgments were currently binding. Therefore, based on the precedents set by the High Courts, the impugned order denying the Cenvat credit was set aside, and the appeal was allowed with consequential relief granted to the appellant.