2014 (3) TMI 455 - AT - Central Excise

Availment of CENVAT Credit on rail track material - waiver of predeposit - Whether Cenvat credit is available on rail used in the factory and has been utilized further for movement of goods within the factory as capital goods - Held that - From the perusal of above definition it is very clear that rail track material does not fall within definition of capital goods. Only Chapter Headings 6804 and 6805 of Chapter 68, have been included in the definition, whereas PSC sleepers is classified under Chapter Heading 6807. Therefore, rail used by the appellant is not covered under the definition of capital goods. In view of this, assessee has failed to prove its case to be fit for waiver of pre-deposit.

Summary

Issues:
Whether Cenvat credit is available on rail used in the factory and further utilized for movement of goods within the factory as capital goods.

Analysis:
The issue raised in this case pertains to the availability of Cenvat credit on rail used in the factory and subsequently employed for the movement of goods within the same factory as capital goods. The definition of capital goods under the relevant provisions was examined, which specifically includes certain categories of goods falling under Chapter 82, Chapter 84, Chapter 85, Chapter 90, heading 6805, among others. Notably, the definition excludes equipment or appliances used in an office. It was highlighted that rail track material, in this instance, does not fall within the ambit of the definition of capital goods. The definition explicitly mentions Chapter Headings 6804 and 6805, while the material in question, PSC sleepers, is classified under Chapter Heading 6807. Consequently, it was concluded that the rail used by the appellant does not meet the criteria to be considered as capital goods. As a result, the appellant failed to establish eligibility for the waiver of pre-deposit. Therefore, the appellant was directed to deposit Rs. 50 lakhs within six weeks from the date of the judgment and to ensure compliance by a specified date.

This judgment underscores the critical importance of aligning the specific goods in question with the defined parameters of capital goods as outlined in the relevant legal provisions. The meticulous analysis of the classification of goods under distinct chapter headings played a pivotal role in determining the applicability of Cenvat credit in this scenario. By emphasizing the exclusion of certain categories of goods and the necessity to fall within the prescribed definitions, the judgment elucidates the stringent criteria that must be met for availing benefits such as waiver of pre-deposit in matters concerning tax credits and capital goods utilization. The directive for the appellant to make a substantial deposit within a specified timeframe underscores the significance of compliance with statutory obligations and the repercussions of failing to meet the requisite standards set forth in the legal framework.