2018 (3) TMI 764 - AT - Central Excise

CENVAT credit - inputs/capital goods - HR Steel Plates used for fabricating storage tanks - Held that - No credit is availed on these storage tanks which are fabricated inside the premises of the appellant-assessee. Storage tanks are specifically mentioned in the definition for capital goods under Rule 2(a) of the CCR 2004 - Even otherwise, the storage tanks are essential capital goods which are used by the manufacturer of excisable goods. HR Steel Plates are basic raw material for fabricating such storage tanks - credit on HR Steel Plates allowed - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Eligibility of the appellant for cenvat credit of duty paid on various items under the category of "inputs/capital goods" in terms of Cenvat Credit Rules, 2004.
2. Disallowance of credit on specific items by the Original Authority.
3. Classification of storage tanks as immovable property and denial of credit on HR Steel Plates used in their construction.

Analysis:

1. Eligibility of Cenvat Credit:
The appellant, engaged in manufacturing petroleum products, sought cenvat credit for duty paid on items categorized as "inputs/capital goods." The dispute arose regarding the eligibility of the appellant for such credit. The Tribunal directed a re-examination of the matter, leading to the impugned order. The Original Authority allowed a substantial amount of credit but denied a portion, leading to appeals by both the appellant and the Revenue.

2. Disallowed Credit Items:
The appellant contested the denial of credit on various items like electrical fittings, cable trays, grating, coal tar tape, etc. The appellant argued that these items were directly or indirectly used in their manufacturing facility and should be eligible for credit. The Tribunal, after considering the nature of use of each item and relevant case laws, found the denial of credit unjustified. The Tribunal applied the user test to determine eligibility, citing precedents and holding that denial of credit on these items was not justified.

3. Classification of Storage Tanks and HR Steel Plates:
The Revenue appealed the classification of storage tanks as immovable property and the allowance of credit on HR Steel Plates used in their construction. The Tribunal noted that storage tanks are essential capital goods and specifically mentioned in the definition under Cenvat Credit Rules. Applying the user test and relevant precedents, the Tribunal found no reason to deny credit on HR Steel Plates. The Original Authority's decision to allow credit on these plates was upheld, leading to the dismissal of the Revenue's appeal.

In conclusion, the Tribunal allowed the appeal filed by the appellant to the extent mentioned, dismissing the departmental appeal. The judgment emphasized the application of the user test and relevant legal principles in determining the eligibility of cenvat credit for the appellant and upheld the decision regarding the classification of storage tanks and HR Steel Plates.