2020 (9) TMI 431 - AT - Central Excise

CENVAT Credit - inputs - M.S. Plates used in fabrication of final products as well as for platforms used as accessory to capital goods - applicability of restriction introduced in Explanation to Rule 2(k) for the relevant period of June, 2007 - HELD THAT - The appellants have used the MS Plates both as inputs for fabrication of machinery, which is their final product liable to duty and have also used the MS Plates as Steel Platform for fabrication of their finished product being machinery. Thus, the MS Plates used in steel platform are also admittedly used in the factory of production. Rule 2(k) of CCR defines, inputs as all goods used in the factory by the manufacturer of the final product . Accordingly, the appellant is entitled to cenvat credit on MS Plates - appeal allowed - decided in favor of appellant.

Summary

Issues involved:
- Disallowance of cenvat credit on MS Plates
- Recovery of disallowed credit with interest and penalty
- Interpretation of Rule 2(k) of Cenvat Credit Rules
- Applicability of amendments to Rule 2(k)
- Admissibility of cenvat credit on MS Plates used as platform

Analysis:

1. Disallowance of cenvat credit on MS Plates:
The appellant appealed against the order disallowing cenvat credit on MS Plates used in the fabrication of final products. The Commissioner (Appeals) disallowed the credit, ordering recovery with interest and imposing a penalty. The appellant argued that the MS Plates were essential for fabricating precision final products and were covered under the definition of capital goods as components, spares, and accessories. The appellant relied on various precedents to support their claim that cenvat credit on steel items used for fabrication of capital goods and support structures had been allowed in previous rulings.

2. Interpretation of Rule 2(k) of Cenvat Credit Rules:
The appellant contended that as per Rule 2(k) of the Credit Rules, cenvat credit is admissible on goods used in the manufacture of final products or for any other purpose within the factory of production. The appellant argued that since the MS Plates were used as inputs in the fabrication work of various plants and machinery, the criteria of Rule 2(k) were fulfilled, making the cenvat credit admissible.

3. Applicability of amendments to Rule 2(k):
The appellant challenged the Commissioner's reliance on an amendment to Explanation 2 of Rule 2(k) to deny cenvat credit on MS Plates. The appellant argued that the amendment introduced in July 2009 was clarificatory in nature and should have a prospective effect only. The appellant cited court decisions that overruled the Commissioner's interpretation and held that the amendment would only apply prospectively.

4. Admissibility of cenvat credit on MS Plates used as platform:
The Tribunal considered that the MS Plates were used both as inputs for fabricating machinery and as a steel platform for the fabrication of finished products within the factory of production. Relying on the definition of "inputs" under Rule 2(k) of the Credit Rules, the Tribunal held that the appellant was entitled to cenvat credit on MS Plates. Consequently, the impugned order was set aside, and the appeal was allowed with consequential benefits.

This detailed analysis covers the issues involved in the legal judgment, providing a comprehensive overview of the arguments presented by the appellant and the decision rendered by the Tribunal.