2017 (6) TMI 758 - AT - Central Excise

CENVAT credit - welding electrodes - wash oil used within the factory - Held that - the subject items viz. welding electrodes and wash oil have been used in the process of manufacturing iron and steel items by the appellant assessee - In the case of welding electrodes, the benefit of Cenvat credit has been allowed to the appellant in their own case M/s Steel Authority of India Ltd. Versus CCE, Raipur 2017 (5) TMI 1134 - CESTAT NEW DELHI . Wash oil is used for removing the impurities of the coal, which is used as fuel during the manufacturing of steel items by the appellant. There is no dispute of the fact that such use of wash oil is within the factory premises and is being used in relation to manufacturing only by the appellant - credit allowed. Appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Denial of Cenvat credit on welding electrodes and wash oil used within the factory.

Analysis:
The Appellate Tribunal CESTAT New Delhi heard an appeal by M/s Steel Authority of India Ltd. against the denial of Cenvat credit on welding electrodes and wash oil used within their factory premises. Both sides were represented by counsels, and after considering the facts and submissions, it was noted that welding electrodes and wash oil were used in the manufacturing process of iron and steel items by the appellant. The Tribunal had previously allowed Cenvat credit for welding electrodes in a similar case. The Tribunal observed that welding electrodes were eligible for credit as inputs under Rule 2(k) of the Cenvat Credit Rules, 2004, as they were used in fabrication of capital goods and for repair and maintenance purposes. Various decisions were cited to support the eligibility of welding electrodes for Cenvat credit.

In the case of wash oil, the Revenue argued against granting Cenvat credit, stating that it was used in a division not subject to duty. However, it was established that wash oil was used for removing impurities from coal, which was used as fuel in manufacturing steel items by the appellant. The Tribunal referred to a case involving Andhra Cements Ltd. where it was held that a manufacturer is entitled to credit for inputs used directly or indirectly in the manufacture of final products within the factory premises. The definition of "input" under Rule 2(k) of the Cenvat Credit Rules was cited to support the broader scope of credit eligibility, covering maintenance and repair activities as well.

Based on the Tribunal's observations and precedent, it was concluded that the appellant was entitled to Cenvat credit for both welding electrodes and wash oil used within their factory. Consequently, the impugned order denying the credit was set aside, and the appeal was allowed, with any consequential relief to be granted to the appellant. The decision was dictated and pronounced in open court by Mr. Ashok K. Arya, Member (Technical) of the Tribunal.