2017 (12) TMI 73 - AT - Central Excise

CENVAT credit - input/capital goods - SS & CR Coils, SS Plates, HR Sheets, CS Seemless Pipe, M/s Angles, Channels, etc. for fabrication of various machineries viz. Blenders, Storage tanks, foundation/structures of machineries within the factory premises - Held that - the issue has been recently considered by the Principal Bench at Delhi in Singhal Enterprises Pvt. Ltd s case 2016 (9) TMI 682 - CESTAT NEW DELHI , where it was held that applying the User Test to the facts in hand, we have no hesitation in holding that the structural items used in the fabrication of support structures would fall within the ambit of Capital Goods as contemplated under Rule 2(a) of the Cenvat Credit Rules, hence will be entitled to the Cenvat Credit. SS & CR Coils, SS Plates, HR Sheets, CS Seemless Pipe, M/s Angles, Channels, etc. used for fabrication of machineries/capital goods and structure for capital goods within the factory premises are eligible to CENVAT credit, since supported by Chartered Engineer s Certificate. Appeal allowed - decided in favor of appellant.

Summary

Issues:
- Eligibility of CENVAT credit on specific materials used for fabrication of machineries and structures within factory premises.

Analysis:
The appeal was filed against an order-in-appeal passed by the Commissioner (Appeals-I) Vadodara, confirming a demand for recovery of CENVAT credit availed on materials like SS & CR Coils, SS Plates, HR Sheets, CS Seemless Pipe, M/s Angles, Channels, etc., used for fabrication of machineries within the factory premises. The appellant argued that these items were eligible for credit as per the definition of 'input' under Rule 2(k) of CCR, 2004, citing relevant case law. The Revenue supported the findings of the Commissioner (Appeals).

The dispute revolved around the eligibility of CENVAT credit on the mentioned materials used for fabrication of machineries/capital goods and structures within the factory premises. The Tribunal referred to a judgment by the Principal Bench at Delhi, which discussed the admissibility of credit on structural steel items used for support structures of capital goods. The Tribunal highlighted the 'user test' to determine if the goods could be considered capital goods, emphasizing the need for support structures for smooth functioning of machines. Applying the 'user test,' the Tribunal concluded that the structural items used in fabrication of support structures fell within the ambit of 'Capital Goods' as per Rule 2(a) of the Cenvat Credit Rules, making them eligible for CENVAT credit.

Based on the settled legal position and supported by a Chartered Engineer's Certificate, the Tribunal held that the materials in question, used for fabrication of machineries/capital goods and structures for capital goods within the factory premises, were indeed eligible for CENVAT credit. Consequently, the impugned order was set aside, and the appeal was allowed with any consequential relief as per law.