2012 (12) TMI 550 - AT - Central Excise

Eligibility of credit taken on the capital goods/input services used in laying down railway line for about 10 Kms. from the factory to the nearest railway station and in laying the pipeline from the factory to nearby dam Held that - Credit accumulated can be utilized only when they started manufacturing final products and clear them - They could not utilize the credit so far and that it will take time before they can utilize the credit accumulated and also undertakes not to utilize the credit till the Appeal decided pre-deposit waived

Summary

Issues: Stay petitions for two appeals involving eligibility of credit on capital goods/input services used in setting up a factory.

Analysis:
1. The appellant requested to preponed the hearing of another appeal, which involves identical issues, along with the current appeal for the purpose of hearing the stay petitions. The period involved in the current appeal is December 2007 to August 2008, with a demand of approximately Rs. 5.8 crores. The other appeal covers the period from September 2008 to June 2009, with a demand of about Rs. 6.28 + Rs. 1.59 crores. The appellant is setting up a factory to manufacture iron and steel products under Chapter 73 of the Central Excise Tariff and has taken credit for inputs/capital goods/input services. The dispute revolves around the eligibility of credit taken for laying down a railway line and a pipeline from the factory to the nearest railway station and dam, respectively.

2. The appellant stated that they have not utilized the credit yet and will not do so until the appeal is decided. The appellant referred to a previous Stay Order in their favor and requested a waiver of pre-deposit. Considering the appellant's undertaking not to utilize the credit until the appeal's disposal, the Tribunal waived the pre-deposit of dues as per the impugned orders and stayed the recovery until the appeals are disposed of. The Tribunal also decided to link these two appeals with another appeal for listing in due course.

This judgment by the Appellate Tribunal CESTAT, Bangalore, highlights the importance of eligibility criteria for credit on capital goods/input services in the context of setting up a factory. The decision to waive pre-deposit and stay recovery pending appeal demonstrates the Tribunal's consideration of the appellant's circumstances and commitment not to utilize the credit during the appeal process. The linking of appeals for future listing ensures a comprehensive review of related cases, streamlining the adjudication process.