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2015 (9) TMI 567 - AT - Central ExciseCenvat Credit - use of oxygen and acetylene gases as input - appellant stated that oxygen and acetylene gases are used for repair and maintenance of machineries which are used in the manufacture of final product and hence are eligible inputs - Rule 2K of CENVAT Credit Rules, 2002. - Held that - appellant-assessee is entitled to avail CENVAT credit on oxygen and acetylene gases which are being used in repair and maintenance of plant and machinery as inputs - Decision in the vase of CCE, Coimbatore Vs. Madras Aluminium Company Ltd. 2008 (1) TMI 198 - HIGH COURT MADRAS followed. - Decided in favor of assessee.
Issues:
1. Eligibility of oxygen and acetylene gases as inputs for CENVAT credit. 2. Interpretation of Rule 2K of CENVAT Credit Rules, 2004. 3. Burden of proof on the assessee for determining credit admissibility. Analysis: Issue 1: Eligibility of oxygen and acetylene gases as inputs for CENVAT credit The appellants, engaged in sugar manufacturing, claimed CENVAT credit for oxygen and acetylene gases used in machinery repair. The adjudicating authority initially denied the credit, citing non-involvement in the manufacturing process. The appellant argued that these gases are integral to machinery used in manufacturing, supported by precedents like L.H. Sugar Factory Ltd. case. The AR for Revenue contended that these gases are not directly linked to the final product manufacture. The Tribunal referred to the Madras High Court's decision in CCE vs. Madras Aluminium Company Ltd., supporting the allowance of credit for such gases, following judicial discipline. Consequently, the Tribunal allowed the appellant's claim for CENVAT credit on oxygen and acetylene gases. Issue 2: Interpretation of Rule 2K of CENVAT Credit Rules, 2004 The appellant relied on Rule 2K, emphasizing the broad scope of goods eligible for credit, including those indirectly related to final product manufacture. The AR for Revenue argued a narrower interpretation, limiting credit to goods directly involved in generating electricity or steam. The Tribunal, guided by precedents and the Madras High Court's decision, upheld the broader interpretation, allowing credit for gases used in machinery maintenance and repair, in line with Rule 2K. Issue 3: Burden of proof on the assessee for determining credit admissibility The AR for Revenue highlighted Rule 6 of Central Excise Rules, 2002, placing the onus on the assessee to prove credit eligibility. The Tribunal considered this point but ultimately relied on legal precedents and the Madras High Court's decision to support the appellant's claim for CENVAT credit on oxygen and acetylene gases. The Tribunal's decision was based on the understanding that these gases were essential for machinery maintenance in the manufacturing process, aligning with Rule 2K's broader interpretation and judicial discipline. In conclusion, the Tribunal allowed the appellant's appeal, granting them CENVAT credit on oxygen and acetylene gases used for machinery repair and maintenance, based on legal precedents, Rule 2K interpretation, and the Madras High Court's decision.
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