2017 (9) TMI 17 - AT - Central Excise

CENVAT credit - input/capital goods - welding electrodes used in the factory for fabrication - Held that - welding electrodes are playing important part in the manufacturing process of the respondent-assessee, therefore, welding electrodes are eligible for CENVAT credit as input as per Rule 2(k) of CCR, 2004 - reliance placed in the case of AMBUJA CEMENTS EASTERN LTD. Versus COMMISSIONER OF C. EX., RAIPUR 2010 (4) TMI 429 - CHHAITISGARH HIGH COURT , where it was held that welding electrodes used in repair and maintenance of plant and machinery are inputs as defined under Rule 2(g) defined in the rule, and thus entitled for cenvat credit - credit allowed - appeal dismissed - decided against Revenue.

Summary

Issues:
1. Eligibility of welding electrodes for CENVAT credit.

Analysis:
The Appellate Tribunal CESTAT MUMBAI addressed the issue of the eligibility of welding electrodes for CENVAT credit in the appeal against Order-in-Appeal No.23-26 dated 26.02.2013. The Revenue contended that welding electrodes are neither capital goods nor inputs, thus not eligible for CENVAT credit. On the other hand, the assessee argued that welding electrodes are integral to the manufacturing process and should be considered as either capital goods or inputs, making them eligible for CENVAT credit. After considering both sides' submissions, the Tribunal found that welding electrodes play a crucial role in the manufacturing process of the assessee. Referring to Rule 2(k) of CENVAT Credit Rules, 2004, the Tribunal determined that welding electrodes qualify as inputs for claiming CENVAT credit.

The Tribunal referenced the judgment of the Hon'ble Chhattisgarh High Court in the case of Ambuja Cements Eastern Ltd. Vs. CCE, Raipur - 2010 (256) ELT 690 (Chhattisgarh) to support its decision. The Tribunal highlighted that the definition of "input" under Rule 2(g) of the Cenvat Credit Rules encompasses all items used in the manufacturing process, directly or indirectly, and entitled to Cenvat credit. The Tribunal also discussed various legal precedents, including decisions from the Delhi Tribunal and Supreme Court, to emphasize the admissibility of Modvat credit for welding electrodes. Additionally, the Tribunal noted conflicting views from different High Courts and Tribunals but ultimately relied on judgments affirming the eligibility of welding electrodes for CENVAT credit.

Based on the discussions and legal precedents cited, the Tribunal concluded that welding electrodes used in the repair and maintenance of plant and machinery qualify as inputs under Rule 2(g) of the Cenvat Credit Rules, 2002. Therefore, the Tribunal upheld the impugned order regarding the eligibility of CENVAT credit for welding electrodes, dismissing the appeal for lacking merit. The decision was made in alignment with the observations of the Hon'ble High Court of Chhattisgarh and the legal interpretations provided by various courts and tribunals.