2016 (4) TMI 686 - AT - Central Excise

Eligibility of Cenvat credit - availed on inputs Welding Electrodes - used inputs for repair and maintenance of the plant and machinery which are used in the manufacture of final products - Held that - the appellant s contention that the definition of Input is very wide and that welding electrodes were used in or in relation to the manufacture of final product whether directly or indirectly and the expression used in the factory of manufacturer are both satisfied in the instant case. Therefore, by following various judgments and the very definition of input , the impugned order is set aside. - Decided in favour of appellant with consequential relief

Summary

Issues:
1. Eligibility of Cenvat credit on welding electrodes used in the manufacture of final products.

Analysis:
The appellant, engaged in cement manufacturing, availed Cenvat credit on welding electrodes, which the department deemed ineligible. A show cause notice was issued for recovery, interest, and penalty. The Commissioner confirmed the demand, leading to the appeal. The appellant argued that welding electrodes were used for repair and maintenance of plant machinery, citing relevant case law. The Revenue contended the ineligibility of the credit and supported the Commissioner's decision.

The Tribunal noted that the issue centered on the eligibility of Cenvat credit on welding electrodes for final product manufacture. It was highlighted that this was a second round of litigation, with previous remand for a fresh hearing. The Tribunal referenced various rulings, including those involving Madras Cements Limited, Tamil Nadu News Prints and Papers Limited, and India Cements Limited, which supported the eligibility of credit on welding electrodes for repair and maintenance purposes.

Considering the judgments and the broad definition of 'input,' the Tribunal set aside the impugned order, granting relief to the appellant. The decision was made in line with the previous rulings and the expansive interpretation of what constitutes an 'input' in the manufacturing process.

In conclusion, the Tribunal ruled in favor of the appellant, allowing the Cenvat credit on welding electrodes used for repair and maintenance activities related to the manufacture of final products. The decision was based on established case law and the broad understanding of inputs in the manufacturing context.