2012 (12) TMI 939 - AT - Central Excise

Availability of cenvat credit - Welding electrodes used in fabrication and installation of capital goods - Bar of limitation - Held that - show cause notice stand issued on 13.8.08 in respect of credit availed during the period January 2006 to October 2006. The credit was availed by the appellant by reflecting it in their statutory records and they were filing requisite quarterly returns. It is result of audit objection that show cause notice stand issued by invoking the longer period of limitation. In the absence of any malafide on the part of the appellant such extended period of limitation cannot be invoked. As such the demand is barred by limitation - Decided in favour of assessee.

Summary

Issues:
Availability of cenvat credit for welding electrodes used in fabrication and installation of capital goods; Invocation of extended period of limitation for demand.

Analysis:
The judgment by Ms. Archana Wadhwa of the Appellate Tribunal CESTAT NEW DELHI addressed the issue of cenvat credit availability for welding electrodes used in fabricating and installing capital goods. The appellant argued that the welding electrodes were essential for fabricating storage tanks and new platforms for machinery, falling under the category of capital goods. The judgment referred to precedents like Ambuja Cements Eastern Ltd. and Hindustan Zinc cases, where it was established that welding electrodes for maintenance and repair of machinery qualify as modvatable capital goods.

Furthermore, the judgment highlighted the issuance of a show cause notice on 13.8.08 for credit availed between January 2006 to October 2006. The appellant had duly recorded the credit in their statutory records and filed quarterly returns. It was noted that the notice was based on an audit objection, invoking an extended period of limitation. However, since there was no evidence of malafide intentions on the part of the appellant, the extended limitation period could not be enforced. Consequently, the demand was deemed barred by limitation.

In conclusion, the impugned orders were set aside, and the appeals were allowed with consequential relief to the appellant. The judgment emphasized the importance of welding electrodes in fabricating and installing capital goods and highlighted the necessity of a valid basis for invoking an extended period of limitation for demand.