2017 (11) TMI 650 - AT - Central Excise

CENVAT credit - MS angles, shapes, section, MS plate, MS scrap and rail (other than rail using railway) - Held that - Cenvat Credit for the steel items used in supporting structures have been held as allowable by Hon ble Madras High Court in the case of India cement Ltd. 2011 (8) TMI 399 - MADRAS HIGH COURT - so far the other items used by the appellant, these have been used in the fabrication of machines required for manufacture of paper, which is an excisable product, credit allowed. Extended period of limitation - Held that - there is no allegation of any mala fide and/or suppression of facts on the part of the appellant. Further, learned Commissioner (Appeals) have also observed that the issue is wholly interpretational in nature. Accordingly, the show cause notice invoking the extended period of limitation is not maintainable. Appeal allowed - decided in favor of appellant.

Summary

Issues:
Entitlement to Cenvat Credit on various items like MS angles, shapes, section, MS plate, MS scrap, and rail (other than rail using railway).

Analysis:
The appeal revolved around the entitlement of the appellant to Cenvat Credit on items such as MS angles, shapes, section, MS plate, MS scrap, and rail (other than rail using railway). The show cause notice invoked the extended period of limitation, alleging that these items were used as general-purpose or structural items, not conforming to the definition of capital goods. The appellant argued that the inputs were used in the fabrication of capital goods and supporting structures for their paper manufacturing machines. They contended that these inputs were used in the manufacture of capital goods, as per Rule 2k of CCR, 2004. Despite the appellant's submissions, it was proposed to recover the Cenvat Credit amount.

The matter had previously been litigated, with cross-appeals by both the appellant and the Revenue. The Tribunal noted the need to grant a fair opportunity to the assessee to present evidence in their defense, citing relevant judgments. Following a remand, the demand for Cenvat Credit was confirmed with a penalty, which was later set aside by the learned Commissioner (Appeals) on interpretational grounds. The appellant, still aggrieved, approached the Tribunal for further appeal.

Upon hearing the parties, the Tribunal found no evidence of mala fide intentions or suppression of facts by the appellant. The issue was deemed interpretational, leading to the conclusion that the show cause notice invoking the extended period of limitation was not maintainable. Consequently, the Tribunal allowed the appeal and set aside the impugned order confirming the demand for Cenvat Credit.

Additionally, the Tribunal referenced a judgment by the Hon'ble Madras High Court, where Cenvat Credit for steel items used in supporting structures was deemed allowable. Considering the appellant's use of items in the fabrication of machines for manufacturing paper, an excisable product, the Tribunal found the Cenvat Credit under dispute to be allowable on merits. This comprehensive analysis led to the favorable decision for the appellant regarding the entitlement to Cenvat Credit on the specified items.