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2017 (6) TMI 219 - AT - Central ExciseCENVAT credit - inputs - cement, steel MS plates/MS angles and channels - denial on the ground that these inputs are used in the construction of storage tank for effluent treatment was wrong being violative of Rule 3 read with Rule 2(k) of the Rules - Held that - the issue is squarely covered in favor of the appellant by the judgement of the Karnataka High Court in the case of SLR Steels 2012 (9) TMI 169 - KARNATAKA HIGH COURT , where it was held that the appellant is entitled to CENVAT Credit of duty paid on steel and cement used in the manufacture of storage tank and the pollution control equipment - appeal allowed - decided in favor of appellant.
Issues involved:
- Appeal against common impugned order dated 18.12.2013 passed by Commissioner (Appeals) regarding rejection of appeals and upholding of orders-in-original. - Availment of CENVAT credit on inputs such as cement, steel, MS plates/MS angles, and channels used in the construction of storage tank for effluent treatment. - Interpretation of Rule 3 read with Rule 2(k) of the CENVAT Credit Rules 2004. - Applicability of judicial precedents and statutory provisions. - Entitlement to CENVAT Credit on items used in the construction of storage tanks and pollution control equipment. - Comparison with the judgment of the Karnataka High Court in the case of CCE Vs SLR Steels Ltd. - Consideration of the definition of capital goods and input under the CENVAT Credit Rules 2004. - Relevance of the decision in the case of Bajaj Hindustan Ltd Vs CCE Lucknow. - Adjudication of the issue based on the cited legal precedents. Detailed Analysis: The case involved four appeals against a common impugned order where the Commissioner (Appeals) rejected the appeals and upheld the orders-in-original. The issue revolved around the availment of CENVAT credit on inputs like cement, steel, MS plates/MS angles, and channels used in constructing a storage tank for effluent treatment, which was challenged by the appellant. The appellant, a Govt of Kerala Undertaking, claimed entitlement to the credit under the CENVAT Credit Rules 2004. The adjudicating authority confirmed the demand, interest, and penalty, leading to the appeal before the Commissioner (Appeals) (para 1-2). The primary contention was whether the appellant was justified in availing CENVAT credit on the mentioned inputs for the construction of the storage tank, contrary to Rule 3 read with Rule 2(k) of the CENVAT Credit Rules 2004. The appellant argued that the impugned order was passed contrary to statutory provisions and binding judicial precedents. Specifically, they relied on the judgment of the Karnataka High Court in the case of CCE Vs SLR Steels Ltd, which supported their claim for CENVAT credit on items used in the construction of storage tanks and pollution control equipment (para 3-4). The Karnataka High Court's judgment highlighted the definition of capital goods under Rule 2(a) of the CENVAT Credit Rules 2004, emphasizing that inputs used in the manufacture of capital goods are eligible for credit, even if the capital goods are immovable property. The Court clarified that the duty paid on items like steel and cement used for constructing storage tanks qualifies for CENVAT credit, as long as they are used in the factory of the manufacturer. The judgment emphasized that the legislative intent was clear regarding the eligibility of credit for inputs used in the construction of capital goods (para 5-8). Additionally, the decision in the case of Bajaj Hindustan Ltd Vs CCE Lucknow further supported the appellant's argument, stating that items used in the fabrication of pollution control equipment are eligible for CENVAT credit, irrespective of whether the equipment is embedded in the earth. The Tribunal's ruling emphasized the mobility of the machinery or its components as the determining factor for credit eligibility, rather than its fixed installation. After considering the submissions and legal precedents cited by both parties, the Tribunal found in favor of the appellant, aligning with the judgments and allowing all four appeals with consequential relief (para 9-10).
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