2012 (6) TMI 740 - AT - Central Excise

CENVAT Credit - Credit in respect of structural items used for fabrication of supporting structures - Held that - duty credit in respect of structural supports cannot be allowed - Following decision of Vandana Global ltd. Vs CCE Raipur - 2010 (4) TMI 133 - CESTAT, NEW DELHI (LB) and the Hon ble Supreme Court s decision in the case of Saraswati Sugar Mills Vs CCE Delhi - 2011 (8) TMI 4 - SUPREME COURT OF INDIA - Decided in favour of Revenue.

Summary

Issues involved: Grant of duty credit in respect of structural items used for fabrication of supporting structures; Duty credit in respect of inputs used for manufacture of capital goods and components thereof.

Issue 1: Grant of duty credit for structural items used for supporting structures

The judgment addresses the issue of granting duty credit in respect of structural items used for fabrication of supporting structures. The duty amount involved in this context is Rs.2,82,168/-. Referring to established legal precedents, the judgment cites the Larger Bench decision in Vandana Global Ltd. Vs CCE Raipur and the Supreme Court's decision in Saraswati Sugar Mills Vs CCE Delhi. It is held that duty credit for structural supports cannot be allowed. Consequently, the impugned order in Appeal No. E/735/2004 is partly set aside, and the demand for duty amount of Rs.2,82,168/- is confirmed.

Issue 2: Duty credit for inputs used in manufacture of capital goods

The second issue pertains to the duty credit for inputs used in the manufacture of capital goods and components thereof. The judgment notes that the departmental appeal against the respondents in a similar case was rejected by Final Order No.606/12, allowing duty credit to the respondents. Following this precedent, the impugned orders are upheld concerning the granting of duty credit for inputs used in the production of capital goods and components. Consequently, the departmental Appeal No.E/735/04 is partly allowed by confirming the duty demand of Rs.2,82,168/-. Appeal No.E/736/04 is rejected, and both cross objections are disposed of accordingly.

This judgment provides a detailed analysis of the issues involving duty credit for structural items used in supporting structures and duty credit for inputs used in the manufacture of capital goods. By referencing relevant legal decisions, the judgment clarifies the applicability of duty credit in these scenarios and provides a clear directive on the confirmation and rejection of duty demands based on established legal principles.