2012 (6) TMI 70 - AT - Central Excise

Whether the appellant is eligible for availment of Cenvat credit on welding electrodes which is used by them 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. in the case of Vikram Cement (2009 (7) TMI 217 (Tri)). appeal is allowed

Summary

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

Analysis:
1. The appeal was filed against an order dated 29.02.2008, questioning the admissibility of Cenvat credit on welding electrodes used for repair and maintenance of plant and machinery. Both lower authorities had denied the credit.

2. The main issue was whether the appellant could avail Cenvat credit on welding electrodes. The appellant argued that similar issues were decided in favor of Cenvat credit by the High Courts of Chhattisgarh, Rajasthan, and Karnataka in various cases. The judgments cited by the appellant supported the eligibility of Cenvat credit on welding electrodes used for maintenance of plant and machinery.

3. The learned DR, however, relied on the Division Bench's judgment in the case of Vikram Cement and the Supreme Court's decision in the case of Ramala Sahkari Chini Mills Ltd. The DR argued that the matter of duty paid on welding electrodes was still disputed, as evidenced by the Supreme Court referring the issue to a Larger Bench.

4. After considering both arguments and reviewing the records, the judge found that the main issue was whether duty paid on welding electrodes used for repair and maintenance of plant and machinery was eligible for Cenvat credit. The judge noted that the High Court judgments cited by the appellant directly supported the availment of Cenvat credit on welding electrodes for maintenance purposes, making them binding.

5. The judge emphasized that the judgments of the High Courts carried more binding force than the Division Bench's decision and the matter referred to the Larger Bench of the Supreme Court. Therefore, the judge concluded that, at that juncture, the High Court judgments were binding, and the impugned order denying the credit was set aside. The appeal was allowed with consequential relief granted to the appellant.