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2017 (1) TMI 21 - AT - Central ExciseCENVAT credit - various items of inputs and capital goods - manufacture of sponge iron - Held that - the Revenue s contention that these items upon fabrication become immovable in character and, hence, cannot be considered as capital goods as also been examined by the Original Authority. It was held by the Original Authority relying on the decision of the Tribunal in P.G. Foils Ltd. vs. CCE, Jaipur 1999 (10) TMI 307 - CEGAT, NEW DELHI to the effect that embedding of machine on concrete foundation to ensure wobble free operations does not make them immovable property. The availability of credit of various MS items used in the fabrication of steel structures which form part of operating machinery in a manufacturing plant, has been a subject matter of decision by various High Courts and this Tribunal. In all the cases such credits have been allowed. Appeal dismissed - credit allowed - decided against Revenue.
Issues:
1. Eligibility of Cenvat credit on inputs and capital goods. 2. Disallowance of Cenvat credit and imposition of penalty. 3. Classification of steel items and MS items as inputs or capital goods. 4. Consideration of cement and steel structures as building materials. Analysis: Issue 1: Eligibility of Cenvat credit on inputs and capital goods The case involved the appellant, engaged in manufacturing sponge iron, steel billets, and pig iron, availing Cenvat credit on various items from October 2004 to July 2005. The Revenue initiated proceedings against the appellant, disputing the eligibility of the credits and demanding recovery of an amount availed irregularly. The Original Authority adjudicated the case, allowing credit of a substantial amount but disallowing a portion and imposing a penalty under Rule 15 of Cenvat Credit Rules, 2004. The Revenue appealed against this decision. Issue 2: Disallowance of Cenvat credit and penalty imposition The grounds of appeal by the Revenue included the contention that certain steel items were not inputs for manufacturing sponge iron or steel billets, and that credit of capital goods is limited to items specified under Rule 2(a) of the Cenvat Credit Rules, 2004. The Revenue argued that the reliance on certain case laws by the Original Authority was misplaced. The Original Authority disallowed a portion of the credit and imposed a penalty, leading to the Revenue's appeal. Issue 3: Classification of steel items and MS items The Revenue contended that steel items like HR sheets, plates, flats, angles, beams, channels, etc., were not inputs for manufacturing sponge iron or steel billets, and that these items did not qualify as capital goods. The Original Authority, however, relied on findings related to the usage of various steel structural items in the fabrication of specified capital goods, supported by records and the Central Excise Tariff Heading. The Original Authority also referenced a Supreme Court decision to support the findings. Issue 4: Consideration of cement and steel structures The Revenue argued that cement and steel structures used in erecting plant and machinery should be considered building materials and not eligible for Cenvat credit. The Original Authority examined evidence and submissions, finding that the items in question were not used for civil construction work inside the factory. Detailed breakdown figures and supporting documentation were considered, leading to the conclusion that the items were indeed eligible for credit. In the final judgment, the Tribunal dismissed the Revenue's appeal, citing detailed analysis and references to case laws and precedents supporting the eligibility of the Cenvat credit on the disputed items. The decision was pronounced in open court on 20/12/2016.
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