2016 (8) TMI 972 - AT - Central Excise

Cenvat credit - H.R. Alloy steel plates (hardox -400) - used in the factory for repair and maintenance of capital goods - production of Chartered Engineer s certificate showing area of use of disputed goods in the factory premises - Held that - H.R. Steel plates (Hudox- 400) is not falling under the excluded category mentioned in definition of input. Further, it is not in dispute that the goods in question have been used by the appellant within its registered factory premises. Since the definition of input is very broad intended to take within its ambit all the goods used in the factory of the manufacturer of final products, hence, the disputed goods shall merit consideration as input, and thus, denial of cenvat benefit on the same is not proper. - Decided in favour of appellant

Summary

Issues:
Cenvat demand on disputed goods under Chapter 84 of Central Excise Tariff Act, 1985.

Analysis:
The appeal was against an order upholding Cenvat demand on H.R. Alloy steel plates used for repair and maintenance of capital goods falling under Chapter 84. The appellant argued that the disputed goods were used for repair and maintenance, supported by a Chartered Engineer's certificate. The denial of credit was based on the goods not conforming to the definition of capital goods. The appellant contended that by the nature of use, the goods should be considered inputs eligible for Cenvat credit.

During the hearing, the appellant's counsel reiterated the submissions, while the respondent supported the findings in the impugned order. The Tribunal examined the records for the period from January to June 2013. The definition of input under Rule 2(k) of the Cenvat Credit Rules, 2004 was substituted in 2011, broadening the scope of eligible goods for credit. As the disputed goods were used within the factory premises and not falling under the excluded category, the Tribunal considered them as input for Cenvat credit. The Tribunal concluded that the denial of Cenvat benefit on the disputed goods was improper, setting aside the impugned order and allowing the appeal in favor of the appellant.

The judgment highlighted the broad definition of input under the Cenvat Credit Rules, emphasizing the intention to include all goods used in the manufacturer's factory of final products. The decision rested on the interpretation of the rules and the specific use of the disputed goods within the factory premises. By considering the nature of use and the absence of exclusion under the definition, the Tribunal ruled in favor of the appellant, allowing Cenvat credit on the disputed goods.