2018 (3) TMI 622 - AT - Central Excise

CENVAT credit - inputs - CR Coils, M.S. Flats, Angle, Channels etc. - Held that - it is clear that the Commissioner (Appeals) allowed the credit on the Items-in-Question after examining the use of the materials. Hence, there is no reason to disagree with the findings of the Commissioner (Appeals) - The Tribunal in the case of Monet Ispat & Energy Limited Vs. Commissioner of Central Excise, Raipur 2016 (1) TMI 917 - CESTAT NEW DELHI allowed the credit on the articles of Iron & Steel items - appeal dismissed - decided against Revenue.

Summary

Issues:
1. Disallowance of Cenvat Credit on certain items treated as Inputs.
2. Appeal against the Adjudication Order disallowing the Cenvat Credit.
3. Interpretation of whether certain items are integral parts of manufacturing process.

Analysis:
1. The case involved the disallowance of Cenvat Credit on items like CR Coils, M.S. Flats, Angle, Channels treated as Inputs by the Assessee. A Show Cause Notice was issued, and the Adjudicating authority confirmed the demand of Cenvat Credit along with penalties. The Commissioner (Appeals) later set aside the Adjudication Order, leading the Revenue to file an Appeal challenging this decision.

2. The Revenue contended that certain items were not integral to the manufacturing process of final products, citing a Supreme Court decision. However, the Assessee argued that they used Iron & Steel materials for manufacturing Capital goods like Chimney, Roller Conveyor, Cooling Tower Pipeline, which are components or accessories of Capital Goods. The Commissioner (Appeals) examined the use of materials and allowed the credit on the disputed items after considering the facts and relevant case laws.

3. The Commissioner (Appeals) emphasized that the test to be applied was whether the machinery could be erected and made functional without the disputed structural materials. The findings highlighted that the disputed items were essential for the functioning of Capital Goods like Chimney, Roller Conveyor, Cooling Tower Pipeline, and others. The decision referenced various judicial rulings supporting the eligibility of such items for Cenvat credit, emphasizing the importance of distinguishing facts and applying them to the specific circumstances of each case.

4. The judgment also referenced decisions by different High Courts and Tribunals, supporting the eligibility of items like MS plates, angles, channels as components of capital goods, even if they are used for supporting structures or accessories. The judgment highlighted that the mere allegation that certain items were only supports would not be sufficient to deny the credit, emphasizing the importance of considering the overall scheme of manufacture and the functionality of the disputed items.

5. Ultimately, the Appeal filed by the Revenue was rejected, upholding the decision of the Commissioner (Appeals) to allow the Cenvat Credit on the disputed items. The judgment provided a detailed analysis of the facts, legal precedents, and the reasoning behind allowing the credit, emphasizing the importance of examining the specific use and functionality of the materials in question.