2015 (10) TMI 1261 - AT - Central Excise

Denial of credit on dumpers and its parts - denial on the ground that these are neither inputs nor capital goods - held that - dumpers and excavators are used in mines for, or in connection with, mining of limestone, one of the raw materials required for manufacture of cement. Mines in which capital goods were used being integrally connected with the cement factory, these capital goods should also be considered to have been used for processes integrally connected with manufacture of final product. Further in Jindal Steel & Power Ltd. Vs.CCE, Raipur, the Tribunal 2015 (10) TMI 983 - CESTAT NEW DELHI , has allowed credit on JO Trucks specially designed for transporting goods within the factory premises. The Apex Court in Vikram Cement vs. CCE- 2006 (2) TMI 1 - Supreme court has held that Modvat/Cenvat credit is admissible on capital goods used in mines if mines are captive mines so that they constitute one integrated unit together with the concerned cement factory - denial of credit on the excise duty paid on dumpers and parts thereof is unjustified. - Decided in favour of assessee.

Summary

Issues involved:
Denial of credit on dumpers and its parts as inputs or capital goods.

Analysis:
The appeals revolve around the denial of credit on dumpers and their parts, contending they are not classified as inputs or capital goods. The appellants, engaged in cement and clinker manufacturing, use dumpers to transport limestone within mining areas for the manufacturing process. The department rejected credit, citing that dumpers are not used in or related to the final product's manufacture. However, the appellants argue that dumpers have a direct connection to the manufacturing activity. The disputed period spans from November 2010 to July 2011 and July 2010 to October 2010 in two separate appeals.

The appellants assert that dumpers are crucial for transporting limestone within the mining area to the crusher, a fact not disputed by the department. The department's denial is based on categorizing dumpers as motor vehicles under specific chapters of CETA, 1985, excluding them from the definition of inputs.

The judgment refers to precedents to support the appellants' claim. In the case of CCE vs. India Cements Ltd., it was established that dumpers and excavators used in mines for mining raw materials, like limestone for cement, are integral to the manufacturing process. Additionally, the Tribunal's decision in Jindal Steel & Power Ltd. Vs. CCE, Raipur, allowed credit on JO Trucks designed for internal transportation within factory premises. The Apex Court's ruling in Vikram Cement vs. CCE further supported the admissibility of credit on capital goods used in captive mines integrated with cement factories. Applying these precedents, the denial of credit on dumpers and their parts was deemed unjustified.

Consequently, the impugned order was overturned, and the appeals were allowed, potentially granting consequential relief to the appellants.