2017 (8) TMI 1264 - AT - Central Excise

CENVAT credit - input - paver blocks used for repair of road in the factory yard - Held that - only those goods can be treated as input which are used directly or indirectly in relation to manufacture of final product - In this case the paver blocks cannot be said to have been used in or in relation to the manufacture of final product even it is not contributing in relation to the plant and machinery in the performance of manufacture of final product - The road of the factory premises is similar to the construction activity; accordingly, it falls under the exclusion category - the paver blocks is not qualified as the input - appeal dismissed - decided against appellant.

Summary

Issues:
Availing Cenvat credit for paver blocks used for road repair - Classification of paver blocks as input for manufacturing - Interpretation of Rule 2(k) of Cenvat Credit Rules, 2004.

Analysis:
The case revolved around the appellant availing Cenvat credit for paver blocks used in repairing roads within the factory premises, claiming them as inputs for manufacturing. The adjudicating authority and the Commissioner (Appeals) rejected this claim, stating that paver blocks do not qualify as inputs since they are not used directly in the manufacturing process of the final product. The appellant challenged this decision before the tribunal.

None appeared on behalf of the appellant during the tribunal hearing, prompting the tribunal to proceed with the appeal's disposal on merits. The revenue representative reiterated the findings of the impugned order, arguing that the paver blocks, used for road repair, do not relate to the manufacturing activity and thus do not meet the definition of input under Rule 2(k) of the Cenvat Credit Rules, 2004. The revenue highlighted the exclusion of goods used for construction activities from the definition of input.

Upon careful consideration of the arguments and records, the tribunal observed that the definition of 'input' under Rule 2(k) includes goods directly or indirectly used in or in relation to the manufacturing of the final product. In this case, the tribunal found that paver blocks for road repair did not contribute to the manufacturing process or the plant and machinery involved. Additionally, the tribunal noted that the exclusion category in Explanation 2 of the definition encompassed goods used for construction activities like laying foundations or building structures, which included the factory road. Therefore, the tribunal concluded that paver blocks used for road repair did not qualify as inputs as per the defined criteria in the Cenvat Credit Rules, 2004.

Ultimately, the tribunal upheld the impugned order, dismissing the appeal and affirming the decision that the appellant was not eligible to avail Cenvat credit for the paver blocks used in repairing the factory road, as they did not meet the criteria set forth in Rule 2(k) of the Cenvat Credit Rules, 2004.