2014 (4) TMI 455 - AT - Central Excise

Denial of CENVAT credit - structural steel items, like steel rib, HR coil, MS angles, MS beam, MS channel, MS plates etc. - credit has been denied on the ground that structural steel items were used as structurals for supporting capital goods used in the plant and machinery - Held that - prima facie CENVAT credit cannot be taken on structural s - stay granted partly.

Summary

Issues:
Denial of CENVAT credit for structural steel items used as structurals for supporting capital goods in plant and machinery.

Analysis:
The judgment addresses two stay petitions in two appeals filed by the same assessee concerning the denial of CENVAT credit for structural steel items used as structurals for supporting capital goods in plant and machinery. The appeals arise from the same impugned order and deal with the same issue, leading to their consideration through a common order.

The issue at hand involves the denial of CENVAT credit taken during specific periods for various structural steel items, including steel rib, HR coil, MS angles, MS beam, MS channel, and MS plates. The denial was based on the assertion that these items were utilized as structurals for supporting capital goods within the plant and machinery setup.

The consultant for the appellants provided explanations on the usage of each item, acknowledging that a portion was used for fabricating capital goods used within the factory while not denying their usage as structurals. The consultant highlighted the challenge to the Larger Bench decision of the Tribunal in the case of Vandana Global before the Chandigarh High Court, emphasizing the absence of a final view on the issue and requesting a waiver of predeposit for appeal admission.

In response, the learned Authorized Representative for Revenue opposed the waiver, citing the Larger Bench decision of the Tribunal in the Vandana Global case as the basis for the issue's resolution. Additionally, reference was made to the apex court's decision in the case of Saraswati Sugar Mills v. CCE Delhi, which established that CENVAT credit cannot be availed on structurals.

After considering the submissions from both sides, the judgment directed the applicant to make a predeposit of 50% of the duty demanded for appeal admission. The applicant was given a deadline for compliance, with the balance of dues to be waived and recovery stayed during the pendency of the appeals, subject to the predeposit being made within the specified timeframe. The decision was dictated and pronounced in open court.