2015 (6) TMI 821 - AT - Central Excise

Denial of CENVAT Credit - impugned goods were used in immovable structures such as furnace - Held that - When the plates, sheets etc. are used in maintenance and repair work, the normal conclusion is that sheets, plates etc. are cut into correct size and fitted into the furnace etc. and therefore it can be said that they have attained the character of components, parts etc. - impugned goods were used in conjunction with certain capital goods/machinery, they become a part of the machinery as they were used for upkeep of the machinery. Therefore I agree with this view that CENVAT credit is admissible - Decided against Revenue.

Summary

Issues Involved:
Admissibility of CENVAT credit on MS Plates, Sheets, Angles, Rounds used in manufacturing High Carbon Ferro Chrome.

Analysis:
1. Admissibility of CENVAT Credit: The appellant, a manufacturer of High Carbon Ferro Chrome, availed CENVAT credit on various steel items during a specific period. The primary issue revolved around the admissibility of this credit, with the Revenue contending that the impugned goods were used in immovable structures like furnaces, which do not qualify as excisable goods. The Commissioner (Appeals) allowed the credit based on usage details submitted by the appellant and citing precedent cases. The Revenue appealed this decision, arguing that the items were used in creating immovable property and as supporting structures.

2. Legal Precedents and Arguments: Both parties relied on various legal precedents to support their positions. The Revenue referenced cases where steel items were used in supporting structures, contending that they did not qualify as excisable goods due to their immovable nature. On the other hand, the appellant's counsel cited cases like The Andhra Sugars Ltd. and Panipat Co-operative Sugar Mills Ltd. to argue that items used for repair and maintenance of machinery, even if they become part of immovable structures, are eligible for CENVAT credit.

3. Decision and Rationale: The Tribunal considered the arguments from both sides and referenced the judgments in The Andhra Sugars Ltd. and Panipat Co-operative Sugar Mills Ltd. to conclude that when steel items like plates, sheets, angles, rounds, and beams are used in maintenance and repair work, they become part of the machinery and are eligible for CENVAT credit. The Tribunal agreed that these items were used in conjunction with capital goods and machinery, thereby becoming integral components for the upkeep of machinery. Consequently, the Tribunal rejected the Revenue's appeal and upheld the admissibility of CENVAT credit on the impugned goods.

4. Operative Portion: The Tribunal pronounced the operative portion of the order on 12.12.2014, confirming the decision to allow CENVAT credit on the steel items used in maintenance and repair activities related to the manufacturing process of High Carbon Ferro Chrome.