2012 (10) TMI 929 - AT - Central Excise

Availment of CENVAT Credit - Welding electrodes and wash oil - Held that - So far as welding electrodes used for repair and maintenance of plant and machinery are concerned, there are judgments of three High Courts as mentioned above wherein it has been held that the welding electrodes used for repair and maintenance are eligible for Cenvat credit. As regards the wash oil is concerned, we are of the prima facie view that since oil is used in coke oven in course of making coking coal for further use in the manufacture of steel, it has to be treated as an input and in or in relation to manufacture of steel and hence, the same would be eligible for Cenvat credit. In view of the above, we find that the appellant have a strong prima facie case. Therefore, the requirement of pre-deposit of Cenvat credit demand, interest thereon and penalty is waived for hearing of the appeal and recovery thereof is stayed till disposal of the appeal - Stay granted.

Summary

Issues:
- Eligibility of Cenvat credit for welding electrodes used in repair and maintenance.
- Eligibility of Cenvat credit for wash oil used in the manufacturing process.

Eligibility of Cenvat credit for welding electrodes used in repair and maintenance:
The appellant, engaged in manufacturing iron and steel products, claimed Cenvat credit for welding electrodes and wash oil during a specific period. The Department disputed the eligibility of these items for Cenvat credit, leading to a show cause notice for recovery. The Commissioner disallowed the credit for these items and imposed a penalty. The appellant contended that welding electrodes were used for repair and maintenance of capital goods, citing judgments from High Courts supporting their claim. The appellant argued that the welding electrodes were eligible for Cenvat credit based on these precedents. On the other hand, the Department argued against the eligibility of welding electrodes for Cenvat credit, citing a precedent from a Larger Bench of the Tribunal. After considering the arguments, the Tribunal found in favor of the appellant, stating that welding electrodes used for repair and maintenance are indeed eligible for Cenvat credit based on the High Court judgments. The Tribunal noted a strong prima facie case in favor of the appellant and waived the requirement of pre-deposit for the appeal, staying the recovery until the appeal's disposal.

Eligibility of Cenvat credit for wash oil used in the manufacturing process:
Regarding the eligibility of Cenvat credit for wash oil used in the manufacturing process, the appellant argued that the wash oil was essential for removing benzene oil from coke oven gas, which was necessary in the manufacturing process of steel and iron. The Department contended that wash oil was not an input in the manufacture of steel and therefore upheld the disallowance of Cenvat credit. The Tribunal, after reviewing the submissions and records, found that the wash oil used in the coke oven for making coking coal, which is further utilized in the steel manufacturing process, should be considered an input in or in relation to the manufacture of steel. Consequently, the Tribunal deemed the wash oil eligible for Cenvat credit. Recognizing a strong prima facie case in favor of the appellant, the Tribunal waived the pre-deposit requirement for the appeal and stayed the recovery of Cenvat credit demand, interest, and penalty until the appeal's final disposal.