2013 (1) TMI 554 - HC - Central Excise

CENVAT Credit on the paint used on the floor of production hall to make it dust free and fire retardant - Held that - The definition of input clearly includes goods used as paint . The findings, that the paint used on the floor of production hall to make it dust free and fire retardant, is used for manufacture of the final product. The sensitivity and sophistication of the product i.e., Color Picture Tube (CPT) required dust free environment for its manufacture. The finding, therefore, that the use of paint on the floor of production hall, is a finding of fact, which does not call for any interference - CENVAT claim allowed - in favour of assessee.

Summary

Issues:
1. Interpretation of the definition of "input" under CENVAT Credit Rules, 2001.
2. Eligibility of input credit for paint used on the floor of a production hall.
3. Consideration of whether the paint used contributes to the manufacture of the final product.
4. Assessment of the dispute involving a small CENVAT credit amount.

Detailed Analysis:
1. The judgment involves the interpretation of the definition of "input" under the CENVAT Credit Rules, 2001. The Tribunal allowed the appeal of the assessee based on this definition, which includes goods used as paint. The department contended that the paint used on the floor of the production hall was not for the manufacture of the final product or within the factory of production. However, the Tribunal's reading of the rule clarified that input encompasses goods used as paint for the manufacture of the final product or for any other purpose within the factory of production.

2. The eligibility of input credit for the paint used on the floor of the production hall was a key issue in the judgment. The Tribunal found that the paint was utilized to make the production hall dust free and fire retardant, which falls within the definition of "input" as per the CENVAT Credit Rules, 2001. Therefore, the appellants were deemed entitled to the benefit of Modvat credit for the paint in question, leading to the allowance of the appeal.

3. The judgment considered whether the paint used on the floor of the production hall contributed to the manufacture of the final product. It was established that the sensitivity and sophistication of the final product, Color Picture Tube (CPT), necessitated a dust-free environment for its production. The court affirmed that the use of paint on the production hall floor was indeed for the manufacture of the final product, supporting the Tribunal's decision and emphasizing the importance of maintaining a suitable manufacturing environment.

4. Additionally, the judgment addressed the dispute involving a relatively small CENVAT credit amount of Rs. 18,750. Despite the department's contentions, the court noted that the dispute over this amount did not warrant interference, especially considering the factual finding that the paint usage was integral to the manufacturing process. As a result, the Central Excise Appeal was dismissed based on the above considerations.