2017 (5) TMI 1561 - AT - Central Excise

CENVAT credit - Welding electrodes used in repair and maintenance of plant and machinery - Held that - the credit on the welding electrodes used in repair and maintenance of plant and machinery has been allowed in the case of Panipat Co-operative Sugar Mills Ltd Vs. Commr. Of C. Ex. Rohtak 2013 (5) TMI 136 - CESTAT NEW DELHI - credit allowed - appeal allowed - decided in favor of appellant.

Summary

Issues involved:
Admissibility of Cenvat credit on Welding electrodes used in repair and maintenance of plant and machinery.

Analysis:
The judgment by the Appellate Tribunal CESTAT MUMBAI, delivered by Hon'ble Mr. Ramesh Nair, Member(Judicial), addressed the issue of the admissibility of Cenvat credit on Welding electrodes utilized in the repair and maintenance of plant and machinery. The appellant's counsel, Shri. Rajesh Ostwal, argued that this issue has been settled in previous decisions where credit for welding electrodes used in plant and machinery repair was allowed. The decisions cited included Ambuja Cements Eastern Ltd Vs. Commissioner of C. Ex. Raipur, Hindustan Zinc Ltd Vs. Union of India, Commissioner of C. Ex. Bangalore-IVs. Alfred Herbert (India) Ltd, Commissioner, Customs & Central Excise Vs. M/s. ACE Glass Container Ltd, Panipat Co-operative Sugar Mills Ltd Vs. Commr. Of C. Ex. Rohtak, M/s. Ultra-Tech Cement Ltd Vs. Commissioner of Central Excise Pune, and Nocil Ltd Vs. Commissioner of Central Excise, Belapur.

The Revenue, represented by Shri. H.M. Dixit, Asstt. Commissioner(A.R.), reiterated the findings of the impugned order, opposing the appellant's claim. After considering both sides' submissions and examining the record, the Tribunal focused on the specific issue of whether Cenvat credit for Welding electrodes used in plant and machinery repair is admissible. The Tribunal noted that this issue is no longer res integra based on the legal precedents cited by the appellant's counsel. Consequently, the Tribunal ruled in favor of the appellant, allowing the Cenvat credit and setting aside the impugned order. The appeal was allowed, and the judgment was pronounced in court by the Tribunal.