2020 (2) TMI 749 - AT - Central Excise

CENVAT Credit - inputs/capital goods - Welding Electrodes - Welding filler wire - Materials used for railway line - M.S. Gratings/G.I Coated Gratings - Construction chemicals - demand alongwith interest and penalty. Welding electrode - welding filler wire - HELD THAT - All the items were used exclusively in relation to manufacture of final product in the appellants manufacturing unit. The welding electrode and welding filler wire were used for repair and maintenance of plant and machinery which is necessity to run the production of excisable goods. Therefore, the same is used even if not directly but indirectly indeed in relation to manufacture of final product - Credit allowed. Materials used for railway line - HELD THAT - In the present case railway line installed partly within the factory and outside the factory is exclusively used for handing of material which is used in the manufacture of final product - Hon ble Supreme Court in the case of VIKRAM CEMENT VERSUS CCE, INDORE 2006 (2) TMI 1 - SUPREME COURT ), are of the view that credit on material used for laying rail line is admissible - credit allowed. M.S. Gratings/G.I Coated Gratings - HELD THAT - The same is used as accessory for supporting and holding for approaching how to plant/ processing units of refinery. The platforms for approaching or reaching out the plant is part and parcel of the entire plant and machinery particularly in large scale manufacturing unit without which the operation of plant is not possible. Therefore, the M.S. Gratings used as accessory in such structure is used in relation to the manufacture of final product - Credit allowed. Construction chemical - HELD THAT - The construction chemical was used for the maintenance of cooling towers, pumps, compressors and machine base plates etc. is used for maintenance and operation of the plant, therefore, the same can be classified as accessory for plant and machinery. Hence, being essential chemicals for running plant is admissible inputs and eligible for Cenvat Credit - credit allowed. The appellants are entitled for Cenvat Credit in respect of the inputs/ capital goods in question - credit allowed - appeal allowed - decided in favor of appellant.

Summary

Issues involved:
Entitlement to cenvat credit on various inputs and capital goods including welding electrodes, welding filler wire, materials used for railway line, M.S. Gratings/G.I Coated Gratings, and construction chemicals.

Analysis:

1. Welding Electrodes, Welding Filler Wire:
The appellant argued that these items are used for repair and maintenance of plant and machinery essential for manufacturing final products. Citing relevant judgments, they claimed credit is admissible. The tribunal agreed, stating these items are indirectly related to final product manufacture and upheld the credit eligibility.

2. Material Used for Railway Line:
The appellant contended that even if the railway line is outside the factory, it is exclusively used for handling materials for manufacturing final products. Citing precedents, they argued for credit admissibility. The tribunal, following a Supreme Court judgment, allowed the credit on material used for laying the rail line.

3. M.S. Gratings/G.I. Coated Gratings:
The appellant asserted these materials are essential accessories for supporting and reaching plant units, crucial for manufacturing excisable goods. Citing relevant judgments, they argued for credit eligibility. The tribunal agreed, stating these gratings are used in relation to the manufacture of final products.

4. Construction Chemicals:
The appellant claimed these chemicals are vital for maintenance of cooling towers, pumps, and machinery in the refinery, directly used in manufacturing final products. Citing judgments, they argued for credit admissibility. The tribunal concurred, deeming these chemicals as essential inputs for plant operation and maintenance.

5. Penalty and Interest:
The appellant argued against the sustainability of penalty and interest, citing lack of mens rea and absence of malafide intention. The tribunal noted the absence of wrongful availment of credit and upheld the appellant's stance, setting aside penalty and interest.

6. Judicial Precedents:
Both parties cited various judgments to support their arguments. The tribunal analyzed the precedents and ruled in favor of the appellant, considering the settled law in previous cases where credit on similar inputs and capital goods was allowed.

7. Final Decision:
After hearing both sides and examining the records, the tribunal found all items were used in relation to manufacturing final products. Upholding the appellant's contentions and citing previous judgments, the tribunal allowed the appeal, setting aside the impugned order and confirming the entitlement of the appellant to cenvat credit on the disputed inputs and capital goods.

This detailed analysis of the judgment highlights the arguments presented by both parties, the legal principles applied, and the final decision rendered by the tribunal regarding the entitlement to cenvat credit on the specified inputs and capital goods.