2018 (2) TMI 4 - AT - Central Excise

CENVAT credit - Capital Goods - MS angles, channels, plates, non-metallic pipes etc. - appellants claim that they are eligible for such credit as these are used in relation to fabrication of capital goods inside the factory - Held that - Similar facts were examined by the Hon ble High Court of Madras in the case of Thiru Arooran Sugars Ltd. 2017 (7) TMI 524 - MADRAS HIGH COURT . The User Test was evolved by the Hon ble Supreme Court to determine the eligibility of credit on MS items - the appellant s eligibility to credit cannot be denied, after applying user test - appeal allowed - decided in favor of appellant.

Summary

Issues:
Eligibility of appellant to avail CENVAT credit of Central Excise duty paid on MS angles, channels, plates, non-metallic pipes used in relation to fabrication of capital goods inside the factory.

Analysis:
The appellant, engaged in manufacturing caustic soda lye, contested the denial of CENVAT credit by the Commissioner of Central Excise, LTU, Chennai, on MS angles, channels, plates, and non-metallic pipes used in supporting pipelines. The appellant argued that these items were integral to the fabrication of capital goods inside the factory. The appellant's counsel relied on the judgment of the Hon'ble Madras High Court in a similar case involving MS structurals supporting plant and machinery, where the court upheld the eligibility for credit based on the "User Test" established by the Hon'ble Supreme Court in previous cases. The appellant contended that the support structures for pipelines were essential for the functioning of the processing machinery and should be considered capital goods.

The original authority and the respondent reiterated that credit was denied specifically on support structures that were not considered capital goods. However, upon examining the facts and the nature of usage of MS items, the Appellate Tribunal noted that the "User Test" established by the Hon'ble Supreme Court was crucial in determining the eligibility of credit on such items. Citing the judgment of the Hon'ble High Court of Madras in a similar case, the Tribunal held that the appellant's eligibility for credit could not be denied. Therefore, the impugned order was set aside, and the appeals were allowed with consequential relief, if any.

This judgment clarifies the application of the "User Test" in determining the eligibility of CENVAT credit on MS items used in the fabrication of capital goods. It emphasizes the importance of the functional relationship between the items in question and the manufacturing process, as established by previous legal precedents. The decision provides guidance on interpreting the eligibility criteria for availing such credits in cases where support structures are integral to the production process.