2018 (1) TMI 1439 - AT - Central Excise

CENVAT Credit - input - M.S. HR Coils, Aluminium Coils, Welding Rods etc., used for the purpose of repairing and maintenance of their capital goods - Held that - Repair and maintenance of plant and machinery is an activity without which smooth manufacturing is not possible. Commercially, manufacturing activity is not possible with malfunctioning machines, and leaking tanks, pipes and tubes. Therefore the activity of repair and maintenance of plant and machinery is an activity which has direct nexus with manufacture of final products and the goods used in this activity would be eligible for Cenvat credit. For eligibility of an input for Cenvat credit what is relevant is whether the activity in which that input is used has nexus with the manufacture of final product and the nexus has to be determined on the basis of criteria as to whether that activity is commercially essential for manufacture of the final products. Appeal allowed - decided in favor of appellant.

Summary

Issues:
- Eligibility of CENVAT credit on HR Coils, Aluminium Coils, Welding Rods used for repair and maintenance of capital goods.

Analysis:
The case involved an appeal against an order alleging the wrong availment and utilization of CENVAT credit for specific items used in the repair and maintenance of capital goods. The appellant contended that the items in question were eligible for credit as they were used for repairing and maintaining various machineries and storage tanks, all of which qualified as capital goods under Rule 2(a) of CCR, 2004. The appellant referred to relevant judgments to support their argument, including cases like Kisan Sahkari Chini Mills Ltd. vs. Commissioner of Central Excise. The Revenue, represented by the Ld. AR, reiterated the findings of the Ld. Commissioner (Appeals).

Upon hearing both sides and examining the records, the Tribunal was tasked with deciding whether the items in question, namely HR Coils, Aluminium Coils, Welding Rods, used for repairing and maintaining capital goods, were eligible for CENVAT credit as per Rule 2(k) of CCR, 2004. The Tribunal referred to various judgments, including the case of Hindustan Zinc Ltd., where it was held that goods used for repair and maintenance of plant and machinery would be liable for CENVAT credit. The Tribunal also cited the judgment in the case of J.K. Cotton SPG & WVG Mills Co. Ltd. v. Sales Tax Office to emphasize the broad scope of the expression "used in or in relation to manufacture of final products" in the definition of input under Rule 2(k) of the Cenvat Credit Rules, 2004.

The Tribunal concluded that repair and maintenance activities are crucial for smooth manufacturing processes, as malfunctioning machines can hinder production. Therefore, the goods used in such activities are directly connected to the manufacture of final products and are eligible for CENVAT credit. The Tribunal upheld the appellant's claim, setting aside the impugned order and allowing the appeal with consequential relief, if any, as per law.