2018 (9) TMI 1349 - AT - Central Excise

CENVAT Credit - inputs/capital goods - various Iron & Steel articles - Welding Electrodes - Held that - The issue of Cenvatability of Welding Electrode and Cement used for construction of foundation stand covered in favour of the assessee by various decisions - One such reference can be made to the Hon ble Madras High Court decision in the case of Tamil Nadu Newsprints & Paper Ltd. vs. CCE, Tiruchirapalli 2017 (6) TMI 574 - MADRAS HIGH COURT - Credit allowed. CENVAT Credit on Light Fittings - Held that - The amount being on the lower side i.e. ₹ 19,753/-, appellant is not contesting the same. Penalty - Held that - The demand having been set aside and the issue of availment of credit on Light Fittings being a bona fide issue of interpretation of law, there is no justification for imposition of penalty. Appeal allowed in toto.

Summary

Issues involved:
- Availment of Cenvat credit on Iron & Steel articles and Welding Electrodes
- Denial of Cenvat credit on Cement used for laying down foundation
- Denial of Cenvat credit on Light Fittings
- Penalty imposition

Analysis:

1. Availment of Cenvat credit on Iron & Steel articles and Welding Electrodes:
The appellant, engaged in sugar and molasses manufacturing, availed Cenvat credit on Iron & Steel articles and Welding Electrodes. The Revenue sought to deny the credit on specific items like CTD Bar, M.S. Bar, and Welding Electrodes. The Lower Authorities relied on a Tribunal decision in Vandana Global Ltd. case, which was not approved by the Gujarat High Court in Mundra Ports & SEZ Ltd. case. The Tribunal found in favor of the appellant, citing decisions like Tamil Nadu Newsprints & Paper Ltd. and India Cements Ltd., holding that the appellant was entitled to avail Cenvat credit on the mentioned items.

2. Denial of Cenvat credit on Cement used for laying down foundation:
The Revenue proposed to reverse the Cenvat credit availed on Cement used for laying down the foundation of plant and machinery. However, the Tribunal noted that the issue of Cenvatability of Cement for construction was covered in favor of the assessee by various decisions, including references to the Madras High Court decisions. Consequently, the Tribunal held that the appellant was entitled to avail Cenvat credit on Cement used for laying down the foundation.

3. Denial of Cenvat credit on Light Fittings:
A portion of the Cenvat credit availed on Light Fittings was proposed to be denied. The appellant did not contest the denial as the amount involved was minimal (?19,753). Therefore, the Tribunal confirmed the denial of Cenvat credit on Light Fittings.

4. Penalty imposition:
Regarding the penalty, since the demand for denial of credit was set aside, and the issue of credit on Light Fittings was considered a bona fide interpretation of the law, the Tribunal found no justification for imposing a penalty. Consequently, the penalty was set aside entirely, and the appeal was disposed of accordingly.