2016 (12) TMI 1121 - AT - Central Excise

CENVAT credit - steel items namely, MS Channels, Beams, Joists, rounds, sheets, angle, plates etc. for fabrication and erection of various technological structures and also oxygen gas, welding electrodes for repair and maintenance of plant and machineries falling under Chapter 84 of the Tariff Act - Held that - I find that relying on the judgment of Hon ble Gujarat High Court, this Tribunal in the cases of M/s. Singhal Enterprises Pvt. Ltd. V. CC & CE, Raipur 2016 (9) TMI 682 - CESTAT NEW DELHI , M/s. Topworth Steels and Powers Pvt. Ltd. vs. CCE, Raipur 2016 (9) TMI 1229 - CESTAT NEW DELHI , Monnet Ispat & Energy Ltd. vs. CCE, Raipur 2016 (1) TMI 917 - CESTAT NEW DELHI has allowed the cenvat benefit on the disputed steel items. I also find that the Hon ble Chattisgarh High court in the case of Ambuja Cements Eastern Ltd. 2010 (4) TMI 429 - CHHAITISGARH HIGH COURT , have allowed cenvat benefit on Oxygen / Arzan gas and welding electrodes used for repair and maintenance of plant and machineries. Further, this Tribunal in the case of Singhal Enterprises Pvt. Ltd and M/s. Topworth Steels and Powers Pvt. Ltd. has also allowed the cenvat benefit on Oxygen gas and welding electrodes used within the factory for repair and maintenance of the machines/machineries. Appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Cenvat credit eligibility for steel items used in fabrication and erection.
2. Applicability of amended definition of 'input' to the case.
3. Cenvat benefit on oxygen gas, Arzan gas, and welding electrodes for repair and maintenance.

Analysis:
1. The appellant, engaged in manufacturing steel products, purchased various steel items for fabrication and erection, claiming Cenvat credit. The Department objected based on a Tribunal decision, disallowing the credit and imposing a penalty. The appellant appealed, arguing that the disputed goods should be classified as inputs under Explanation 2, as they were used in manufacturing capital goods. The appellant cited judgments supporting their position, emphasizing that the credit was taken before the amendment to the definition of 'input.'

2. The Tribunal considered the period of dispute from July 2008 to July 2009. The disputed steel items were used before July 2009, as evidenced by correspondence. The amended definition of 'input' on July 7, 2009, excluded certain goods from classification as inputs. Relying on the judgment of the Gujarat High Court, the Tribunal held that the amendment should have prospective effect and cannot be applied retrospectively to deny Cenvat benefit. Previous judgments and decisions supported allowing the credit for the disputed steel items and related gases and electrodes used for repair and maintenance.

3. The Revenue reiterated the findings of the lower order and cited a judgment to support their position. However, the Tribunal found in favor of the appellant, noting the settled legal position and allowing the appeal. Cenvat benefit was granted for the disputed items, including oxygen gas, Arzan gas, and welding electrodes used for repair and maintenance. The Tribunal's decision was based on the interpretation of the law and previous judgments supporting the appellant's claim.

Conclusion:
The Tribunal ruled in favor of the appellant, allowing the appeal and granting Cenvat benefit for the disputed steel items and related materials used for repair and maintenance. The decision was supported by legal interpretations, precedents, and the prospective application of the amended definition of 'input.' The judgment highlighted the importance of considering the specific circumstances and legal principles in determining Cenvat credit eligibility.