2018 (11) TMI 158 - AT - Central Excise

CENVAT Credit - inputs - M.S. Bars, Angles, Plates, HR Sheets, Beams, Coils and Channels falling under Chapter 72 of CETA, 1985 used for repairs and maintenance of machinery in the factory - Held that - The impugned goods were used in the factory for maintenance and repair of the plant and machinery which is essential for manufacture of the final product - the appellant has also produced on record the certificate of Chartered Engineer who has certified that the impugned goods have been used for maintenance of plant and equipment - credit allowed - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Disallowance of CENVAT credit on certain goods used for maintenance and repair.
2. Appeal against the order of the Commissioner (Appeals) rejecting the appellant's appeal.

Analysis:
Issue 1: The appellant, engaged in the manufacture of Cement and Clinker, availed CENVAT credit on specific goods used for repairs and maintenance of machinery in the factory. A show cause notice was issued for disallowing the credit, which was confirmed by the Superintendent. The appellant contended that the goods were essential for the manufacture of the final product and produced a Chartered Engineer certificate to support their claim. The Tribunal noted that the impugned goods were indeed used for maintenance and repair of plant and machinery essential for production. The Tribunal also considered the decisions cited by the appellant, finding them applicable to the case. Consequently, the Tribunal held that the order disallowing the CENVAT credit was unsustainable in law and allowed the appeal with consequential relief.

Issue 2: The appeal was filed against the order of the Commissioner (Appeals) rejecting the appellant's appeal regarding the disallowance of CENVAT credit. The appellant argued that the impugned order lacked proper appreciation of facts and the law. The Tribunal, after hearing both parties and examining the records, concluded that the goods in question were legitimately used for maintenance and repair purposes. By relying on the Chartered Engineer certificate and relevant legal precedents, the Tribunal overturned the Commissioner's decision, setting aside the order disallowing the CENVAT credit. The appeal was allowed in favor of the appellant, with any necessary consequential relief to be provided.

In conclusion, the Tribunal ruled in favor of the appellant, allowing the appeal against the disallowance of CENVAT credit on goods used for maintenance and repair. The decision was based on the essentiality of the goods for production, certification by a Chartered Engineer, and the applicability of relevant legal precedents.