2016 (12) TMI 1714 - HC - Central Excise

CENVAT credit - inputs - Cement, MS CTD Bars, MS Rounds, TMT, Plates MS Angles, MS Channels, Beams and Rails etc. used by the Assessee for manufacture of machines/machineries installed in the factory - Held that - the issue decided in the case of Commr. of C. Ex., Cus. & S.T., Bilaspur Versus Ambuja Cement Eastern Ltd. 2016 (12) TMI 1680 - CHHATTISGARH HIGH COURT , where it was held that It is not disputed that the inputs like M.S. Angles, M.S. Plates, M.S. Joists and Channels were used for manufacturing of certain essential parts of the factory which are capital goods and since they are essential parts of the factory, they satisfy the twin tests of being capital goods as well as the user test, thus entitled for credit - credit allowed - appeal dismissed - decided against Revenue.

Summary

Issues:
- Appeal against order allowing Cenvat credit for specific items used in manufacturing machines
- Interpretation of Rule 2(g) of the Rules of 2002 regarding the definition of "input"
- Comparison with relevant case law on the broad interpretation of the term "input"

Analysis:
1. The appeal challenged the order of the Customs, Excise, & Service Tax Appellate Tribunal allowing the Respondent-Assessee to claim Cenvat credit for various items used in manufacturing machines. The High Court admitted the appeal for final disposal with the consent of the Appellant's counsel.

2. The crucial issue revolved around the interpretation of Rule 2(g) of the Rules of 2002, defining the term "input." The High Court referred to a separate judgment from 2016, where it extensively analyzed the definition of "input." The court emphasized the broad scope of the term, encompassing goods used directly or indirectly in the manufacturing process, except for specific excluded fuels. The Explanation 2 of the rule was highlighted, stating that inputs also include goods used in manufacturing capital goods further utilized within the factory.

3. Citing the Supreme Court's decision in a previous case, the High Court reinforced the expansive interpretation of the term "input." The court clarified that goods like M.S. Angles, Plates, Joists, and Channels, used in constructing essential parts of the factory for manufacturing cement, qualify as inputs. The judgment emphasized that items contributing to the manufacturing process, even indirectly, are considered inputs, aligning with the legislative intent to grant CENVAT credit for all relevant goods.

4. The Appellant's reliance on a Supreme Court judgment regarding an exemption notification was deemed irrelevant, as it did not pertain to the specific rules under consideration. The High Court highlighted previous Supreme Court decisions emphasizing the broad interpretation of the term "input" in the context of CENVAT credit rules. Consequently, the High Court dismissed the appeal, affirming the Tribunal's decision to allow the Assessee to claim Cenvat credit for the mentioned items used in manufacturing machinery.