2011 (10) TMI 330 - AT - Central Excise

Cenvat credit in respect of duty paid on welding electrodes used for repair and maintenance of plants and machineries in factory Held that - Various judgements of High Courts have held that Cenvat credit can be availed on welding electrodes which are used for maintenance of plant and machinery. See Ambuja Cements Eastern Ltd. vs. CCE, Raipur (2010 - TMI - 77888 - Chhaitisgarh High Court ) - Decided in favor of assessee.

Summary

Issues Involved:
Whether welding electrodes used in the repair and maintenance of plants and machineries are modvatable or not.

Analysis:
The judgment by the Appellate Tribunal CESTAT, New Delhi, addressed the issue of whether welding electrodes used in the repair and maintenance of plants and machineries are eligible for modvat credit. The learned Advocate for the appellant referred to decisions from various High Courts, including Chhattisgarh, Rajasthan, and Karnataka, supporting the eligibility of modvat credit in such cases. The Tribunal noted that the issue was no longer res integra, citing a recent decision in the case of Nangganj Sihori Sugar Co.Ltd. vs. CCE, Lucknow. In this case, the Tribunal considered the submissions and previous judgments, including those from High Courts, to conclude that Cenvat credit can be availed on welding electrodes used for maintenance of plant and machinery. The Tribunal emphasized that the judgments of High Courts hold significant binding force, especially when compared to decisions from lower courts or tribunals.

The Tribunal also addressed the reference made by the learned DR to the Division Bench's judgment in the case of Vikram Cement and the Apex Court's decision in the case of Ramala Sahkari Chini Mills Ltd. The Tribunal highlighted that judgments from High Courts carry more binding force and, in the case of conflicting decisions, the judgments of High Courts prevail. Regarding the matter referred to the Larger Bench of the Supreme Court, the Tribunal concluded that the judgments of the High Courts cited in the case were binding and, therefore, set aside the impugned order based on the established legal precedents.

In conclusion, the Tribunal set aside the impugned order and allowed both appeals, providing consequential relief to the appellants. The judgment reaffirmed the eligibility of modvat credit on welding electrodes used in the repair and maintenance of plants and machineries based on the binding precedents set by High Court decisions and the established legal principles governing such cases.