2013 (11) TMI 382 - AT - Central Excise

Cenvat Credit - Classification of Goods Capital Goods OR Not Waiver of Pre-deposit - Held that - The goods involved in the present case are angle, sheet, section, flat and bar - These goods are classifiable under Chapter 72 and 73 of Tariff and therefore find no place in the category of capital goods as per definition in Cenvat Credit Rules, 2004 - the appellants do not have a strong case for complete waiver of pre-deposit thus the appellant directed to deposit 50% of the duty as pre-deposit upon such submission rest of the duty to be waived till the disposal Partial stay granted.

Summary

Issues:
- Appeal for waiver of pre-deposit and stay of recovery of confirmed amount and penalty.
- Availment of Cenvat credit on goods treated as capital goods.
- Classification of goods under Chapter 72 and 73 of Tariff.

Analysis:
The judgment by the Appellate Tribunal CESTAT New Delhi, delivered by Sahab Singh, dealt with an application filed by M/s Mahalaxmi Crafts and Tissues Pvt. Ltd. seeking waiver of pre-deposit and stay of recovery of Rs. 4,32,533/- along with an equal amount of penalty confirmed by the lower authority. The main issue revolved around the appellant's availing of Cenvat credit on goods like angle, sheet, section, flat, and bar, treating them as capital goods. The appellant claimed to have used these goods in the fabrication of machinery classified under Chapter 84 of the Central Excise Act, qualifying as capital goods and used in the manufacturing process. The appellant argued that even if considered as inputs, they were eligible for Cenvat credit.

The Revenue, represented by the D.R., contended that the goods in question were not capital goods and the appellant wrongly availed Cenvat credit on them. Both lower authorities had denied the credit to the appellant. After hearing both sides, the Tribunal found that the goods, namely angle, sheet, section, flat, and bar, were classifiable under Chapter 72 and 73 of the Tariff, not falling under the category of capital goods as defined in the Cenvat Credit Rules, 2004. Consequently, the Tribunal ruled that the appellant did not have a strong case for complete waiver of pre-deposit. The appellant was directed to deposit 50% of the duty within eight weeks as a pre-deposit, with a stay against the recovery of the balance dues until the appeal's disposal.

In conclusion, the Tribunal's decision highlighted the importance of correctly classifying goods for availing Cenvat credit and emphasized adherence to the defined categories under the relevant rules and regulations. The judgment provided clarity on the eligibility criteria for claiming such credits and the consequences of misclassification, ensuring compliance with the applicable laws and regulations in excise matters.