2016 (6) TMI 466 - AT - Central Excise

Entitlement of Cenvat credit - Hot Strip Mill Plates, Flat, STRL, Plate, Mill Plates, M.S.Channel, Angles, Joists, Chequered Plates and Beam and Joist etc. - utilized in fabrication of Bio-Gas Plant-a Pollution Control Equipment - Held that - as bio-gas plant is a pollution control equipment defined in rule 2 (a)(A)(ii) of Cenvat Credit Rules, 2004, the appellant have rightly taken credit, being entitled to the same. Further, some portion of the capital goods about 15% used in the existing machinery, like repair and fabrication of Sugar Cane, cutter bagasse, courier et cetera, the appellant is entitled to Cenvat credit on the same as Rule 2 (l) of Cenvat Credit Rules provides that an assessee is entitled to Cenvat credit, on equipments utilised directly or indirectly in or in relation to the manufacture of final products and the clearing of final products, upto the place of removal. Here the appellant, manufacturer cannot take place of excisable goods being Sugar et cetera, without repair and maintenance of capital equipment like sugar Cane cutter et cetera, I hold that the appellant is entitled the cenvat credit on the same. Therefore, the impugned orders are set aside. - Decided in favour of appellant with consequential relief

Summary

Issues Involved:
- Entitlement to Cenvat credit on specific items utilized in fabrication of a Bio-Gas Plant, categorized as Pollution Control Equipment under Chapter 72 of Central Excise Tariff Act, 1985.

Detailed Analysis:

Issue 1: Entitlement to Cenvat credit on specific items utilized in fabrication of Bio-Gas Plant:
- The Appellant contested the denial of Cenvat credit on items like Hot Strip Mill Plates, M.S. Channel, Angles, Joists, etc., used in the fabrication of a Bio-Gas Plant, a Pollution Control Equipment. The Commissioner (Appeals) disallowed the credit, citing that the Bio-Gas Plant is immovable and not marketable, thus not qualifying as capital goods. However, the Appellant argued that the goods were used in the fabrication of Pollution Control Equipment, falling under Rule 2 (a)(A)(ii) of Cenvat Credit Rules. The Tribunal referred to previous rulings, including the case of Vandana Global Ltd., and held that foundation structures embedded to earth can be categorized as capital assets but not as capital goods. The Tribunal, considering the nature of the Bio-Gas Plant as Pollution Control Equipment, allowed the Cenvat credit, emphasizing that machinery becoming immovable after installation does not disqualify it from credit eligibility.

Issue 2: Utilization of capital goods in repair and maintenance of existing machinery:
- The Appellant also argued that a portion of the capital goods, approximately 15%, was used in the repair and maintenance of existing machinery like Sugar Cane cutter, bagasse, etc. The Tribunal held that Rule 2 (l) of Cenvat Credit Rules allows credit on equipment utilized directly or indirectly in the manufacture of final products. As the repair and maintenance of capital equipment are essential for manufacturing excisable goods like Sugar, the Appellant was deemed entitled to Cenvat credit on such utilization. The Tribunal emphasized the importance of repair and maintenance in the manufacturing process, granting the Appellant the credit on these grounds.

Conclusion:
- The Tribunal, after considering the arguments and previous rulings, allowed the appeals, setting aside the impugned orders and granting the Appellant entitlement to Cenvat credit on the items used in the fabrication of the Bio-Gas Plant and on the repair and maintenance of existing machinery. The decision was based on the classification of the Bio-Gas Plant as Pollution Control Equipment and the essential role of capital goods in the manufacturing process. The Appellant was directed to receive any consequential benefits in accordance with the law.