2019 (2) TMI 1732 - HC - Central Excise

CENVAT Credit - duty paid LPG gas - repairs and maintenance - HELD THAT - Since the decision of the CESTAT is based on series of precedents of various Courts where input credit has been provided in matter of repairs and maintenance, therefore, we are not satisfied that the CESTAT has committed any error which is required to be corrected in appeal. As a last measure, Learned Counsel for the Revenue submits that the cases on which the appeal has been dismissed are awaiting some kind of consideration by the Hon ble Apex Court - That cannot become a ground for either keeping the appeal pending or to interfere with the decision, unless a contrary view emerges from the Hon ble Apex Court. Appeal dismissed.

Summary

Issues:
1. Disallowance of Cenvat credit on duty paid LPG gas.
2. Appeal against the order of the Commissioner (Appeals) by the Revenue.
3. Decision of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) on the matter.
4. Precedents supporting the allowance of input credit in cases of repairs and maintenance.
5. Submission regarding pending cases awaiting consideration by the Hon'ble Apex Court.

Analysis:

1. The case involved the disallowance of Cenvat credit on duty paid LPG gas availed by the Respondent company, M/s. Jindal Steel and Power Limited. The Department disallowed the credit, leading to an appeal by the Respondent against this decision.

2. The Commissioner (Appeals) allowed the credit, prompting the Revenue to file an appeal against this order. The matter was then brought before the Principal Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) for further consideration.

3. The CESTAT, after hearing both parties and examining the available material, dismissed the appeal based on a series of precedents from various Courts supporting the allowance of input credit in cases of repairs and maintenance. The Tribunal referenced decisions from different High Courts and previous Tribunal rulings to support its decision.

4. The CESTAT highlighted that the issue of allowing credit on welding electrodes for repair and maintenance purposes had been addressed in previous judgments. It mentioned cases where High Courts, such as Chhattisgarh and Rajasthan, had allowed Cenvat credit on welding electrodes, considering them as "Inputs" under the Cenvat Credit Rules.

5. The Revenue's counsel raised a point about pending cases awaiting consideration by the Hon'ble Apex Court. However, the Tribunal emphasized that the mere pendency of cases for consideration by the Apex Court was not sufficient grounds to keep the appeal pending or interfere with the decision unless a contradictory view emerged from the Apex Court. Consequently, the appeal was dismissed by the CESTAT based on the established precedents and legal principles.

This detailed analysis of the judgment outlines the issues involved, the decisions made by the relevant authorities, and the legal reasoning behind the dismissal of the appeal regarding the disallowance of Cenvat credit on duty paid LPG gas.