2012 (12) TMI 300 - AT - Central Excise

Waiver of pre-deposit - Cenvat credit - appellants are manufacturers of GI pipes. They had obtained steel sheets and constructed one tank in which zinc can be melted and used in the process of galvanizing Held that - Inputs are covered by provision of Rule 2(k) of Cenvat Credit Rules, 2004 pre-deposit waived

Summary

Issues:
1. Whether steel sheets used in the construction of a tank for melting zinc can be considered as inputs under Rule 2(k) of Cenvat Credit Rules, 2004.

Analysis:
The appellants, who are manufacturers of GI pipes, utilized steel sheets to construct a tank for melting zinc, a process integral to galvanizing. The Revenue contended that the steel sheets did not qualify as inputs under Rule 2(k) of the Cenvat Credit Rules, 2004.

The Advocate for the appellants referred to Explanation 2 in Rule 2(k), emphasizing that it includes goods used in manufacturing capital goods further utilized within the factory. The Counsel argued that the denial of credit was based on the Tribunal's decision in Vandana Global v. C.C.E., Raipur, which allegedly disallowed credit in similar cases. Notably, the Counsel highlighted that the said Tribunal decision recognized the eligibility of inputs used in manufacturing capital goods within the factory, citing specific references from the judgment.

Moreover, the Advocate for the appellants pointed out that the issue at hand had been addressed by different High Courts in separate cases, namely Bannari Amman Sugars Ltd. v. C.C.E., Mysore, and KCP Ltd. v. C.C.E., Guntur, which supported the allowance of credit in such scenarios.

During the proceedings, the learned AR reiterated the Commissioner (Appeals)'s order but failed to distinguish the facts of the case from those in the previously cited decisions. After considering the arguments from both sides, the Tribunal concluded that the impugned inputs fell within the ambit of Rule 2(k) of the Cenvat Credit Rules, 2004, a position reinforced by the precedents mentioned. Consequently, the Tribunal decided to waive further deposit, admit the appeal, and ultimately allowed the appeal, granting the stay petition with consequential benefits.

In summary, the judgment resolved the issue by affirming the eligibility of steel sheets used in constructing a tank for melting zinc as inputs under Rule 2(k) of the Cenvat Credit Rules, 2004, based on relevant legal provisions and precedents from both the Tribunal and High Courts.