2017 (11) TMI 1093 - AT - Central Excise

CENVAT credit - input - Grinding Media Balls - Held that - The definition of input contained in the cenvat credit Rules is broad enough to consider all goods, excepting certain excluded goods, within its scope and ambit for consideration as input - In the present case, the fact is not under dispute that the disputed goods are not falling under the exclusion clause provided in the definition of input. Since grinding media is used in or in relation to manufacture of the final product within the factory and in absence of use of the said goods, the ball mill cannot function, the said goods should be considered as input for the purpose of taking of cenvat credit - credit allowed - appeal allowed - decided in favor of appellant.

Summary

Issues:
- Classification of Grinding Media Balls as inputs or capital goods for availing cenvat credit.
- Whether the appellant was entitled to 100% cenvat credit in the year of receipt of the goods.

Analysis:
1. Classification of Grinding Media Balls: The appellant, engaged in manufacturing Iron Ore Concentrate, availed cenvat credit on Grinding Media Balls, considering them as inputs. The Department contended that these should be classified as capital goods, allowing 50% credit in the year of receipt and 50% in subsequent years. The Advocate argued that as per Rule 2(k), goods used in relation to manufacturing final products, not listed as excluded, qualify as inputs. She cited a CSIR certificate and precedents to support this. The Department maintained that as parts of ball mill machines, the balls were capital goods under the cenvat statute.

2. Judgment on Classification: The Tribunal found that Grinding Media Balls were essential for the ball mill's functioning in manufacturing the final product. Since not excluded under the input definition, they were considered inputs eligible for cenvat credit. Precedents like HMP Cement Ltd. and Durgapur Cement Works supported this view. The Gujarat High Court's decision in CCE Vs. BatliBoi & Co. Ltd. also favored treating such goods as inputs. Consequently, the appellant's availing of cenvat credit on Grinding Media Balls was upheld, setting aside the impugned order.

3. Entitlement to Cenvat Credit: The Tribunal's analysis established that the appellant rightfully claimed cenvat credit on Grinding Media Balls as inputs. The impugned order was overturned, and the appeal was allowed in favor of the appellant. This decision was based on the broad scope of the input definition under the cenvat credit Rules, supported by legal precedents and the essential role of the disputed goods in the manufacturing process.

In conclusion, the judgment clarified the classification of Grinding Media Balls as inputs, allowing the appellant to avail cenvat credit in full for such goods. The decision was grounded in legal interpretations, precedents, and the functional necessity of the goods in the manufacturing process, ensuring a fair resolution in favor of the appellant.