2007 (7) TMI 166 - AT - Central Excise

Assessee is eligible to avail credit on Argon Gas as it is used for welding purpose in repair of plant B/E is eligible document to avail credit but credit is denied on the ground that it was taken after lapse of 6 month of date of issue of B/E

Summary

Issues:
1. Availment of Modvat credit in respect of CVD paid on various inputs imported during April to December, 1998.
2. Eligibility for Cenvat/Modvat credit in respect of Argon Gas used for welding of inputs/raw materials.

Analysis:

*Issue 1: Availment of Modvat credit*
The appeal arose from OIO No. 10/2004 passed by the Commissioner of Central Excise, Mangalore. The first issue was regarding the availment of Modvat credit in relation to CVD paid on imported inputs during a specific period. The matter was referred to a Larger Bench due to conflicting judgments on the eligible document for availing Modvat credit, particularly the Bill of Entry. The Larger Bench held that the Bill of Entry is a relevant document for claiming credit. However, the claim made by the assessee based on the Bill of Entries was found to be time-barred, as the credit was taken after six months of the Bill of Entry issuance.

*Issue 2: Eligibility for Cenvat/Modvat credit in respect of Argon Gas*
The second issue concerned the eligibility for Cenvat/Modvat credit for Argon Gas used in welding inputs/raw materials like pipes, considered capital goods in refineries. The Tribunal considered various precedents, including judgments of the Apex Court and High Courts, to determine the eligibility of the assessee for the credit. The Tribunal noted that the judgment of the Larger Bench in a previous case was rendered sub silentio to the existing judgments favoring the assessee. Consequently, the Tribunal held that the assessee is eligible for Cenvat credit for Argon gas used in welding operations, as supported by Supreme Court and High Court rulings. The Mumbai Bench's decision in a similar case further reinforced the eligibility of the assessee for Modvat credit in such circumstances.

In conclusion, the Tribunal ruled that the Bill of Entry is an eligible document for Cenvat credit, but the specific claim in this case was time-barred. Additionally, the assessee is entitled to avail Cenvat credit for Argon gas used in welding operations for capital goods like pipes. The appeal was disposed of accordingly.