2015 (11) TMI 366 - AT - Central Excise

Demand of Cenvat credit - Welding electrodes - Held that - Appellant has availed the modvat credit in respect of spot welding electrodes which has been used in the production of motor vehicle by the appellant. Though the coordinate bench of this Tribunal while remanding the matter directed to adjudicating authority to decide the matter a fresh in the light of larger bench judgments of M/s. Triveni Engineering and Industries Limited and M/s. Jaypee Rewa Plant 2003 (3) TMI 145 - CEGAT, NEW DELHI but on perusal of the facts, it is observed that both the judgments are in respect of welding electrodes used for repair and maintenance of plant and machinery whereas in the present case spot welding electrodes are used in manufacturing of final product therefore in my considered view the lower authority should not have brushed aside the fact that there is difference in use of welding electrodes in the M/s. Jaypee Rewa Plant case and in the present case. - since spot welding electrodes used in the manufacture of final product i.e. motor vehicle, it is qualified as input and therefore credit is otherwise admissible as input. Though the appellant has availed Cenvat Credit under capital goods that alone cannot disentitled appellant from availing the credit under input. As regard admissibility of modvat credit in respect of spot welding electrodes used in the manufacture of final product - appellant is entitled for modvat credit in respect of spot welding electrodes used for manufacture of final product i.e. motor vehicle therefore impugned order is set aside - Decided in favour of assessee.

Issues:
1. Admissibility of Cenvat credit on spot welding electrodes under capital goods.
2. Jurisdictional aspects related to the imposition of penalty.
3. Application of larger bench decisions in similar cases.
4. Differentiation in the use of welding electrodes in various cases.
5. Entitlement of modvat credit on spot welding electrodes used in the manufacture of final products.

Analysis:
1. The appeal challenged the modification of an Order-in-Appeal by the Ld. Commissioner (Appeals) upholding the demand of Cenvat credit amounting to Rs. 42,934 on spot welding electrodes but setting aside the penalty of an equal amount. The original authority disallowed the modvat/Cenvat credit availed on spot welding electrodes, stating they were not eligible as inputs for manufacturing final products and not specified under Rule 57Q. The appellant contended that the electrodes were used in processing inputs for manufacturing final products, qualifying as inputs for Cenvat credit. The Ld. Commissioner upheld the demand but dropped the penalty, finding the original authority correctly considered the issue in light of larger bench decisions. The appellant argued the welding electrodes were used in manufacturing final products, making them eligible for credit.

2. The appellant challenged the jurisdiction of the adjudicating authority to impose a penalty, stating it exceeded its mandate as the Hon'ble CESTAT remanded the case solely for reconsideration in light of larger bench decisions. The Ld. Commissioner found the original authority correctly examined the issue based on the Tribunal's directions, emphasizing the need to consider the case in line with the specific larger bench decisions. The appellant contended that the adjudicating authority lacked jurisdiction to impose a penalty, given the limited scope of the remand order.

3. The Tribunal observed that the judgments in the cases of M/s. Triveni Engineering and Industries Limited and M/s. Jaypee Rewa Plant involved welding electrodes used for repair and maintenance, unlike the present case where spot welding electrodes were used in manufacturing final products. The Tribunal emphasized that the facts of each case must be considered independently, and the applicability of judgments should align with the specific circumstances. In this case, since the electrodes were used in manufacturing final products, the appellant was entitled to modvat credit, as supported by relevant case law.

4. The Tribunal differentiated the use of welding electrodes in various cases, highlighting that spot welding electrodes used in manufacturing final products qualified as inputs eligible for credit. Referring to previous judgments, the Tribunal emphasized the admissibility of modvat credit on spot welding electrodes used in the manufacture of final products, dismissing the revenue's appeal and allowing the appellant's claim for credit. The Tribunal's decision was based on the specific use of welding electrodes in the production process, distinguishing it from cases involving repair and maintenance activities.

5. In conclusion, the Tribunal set aside the impugned order disallowing modvat credit on spot welding electrodes, ruling in favor of the appellant's entitlement to credit based on the specific use of the electrodes in manufacturing final products. The Tribunal emphasized the importance of considering the unique facts of each case and applying relevant legal principles accordingly, ultimately allowing the appeal and granting the appellant the modvat credit on spot welding electrodes used in the production process.

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