2005 (11) TMI 123 - AT - Central Excise

Summary

Issues: Revenue's appeal against the order of the Commissioner (Appeals) regarding classification of certain items as Capital Goods.

In this case, the Revenue appealed against the order of the Commissioner (Appeals) regarding the classification of items like PLTS Plain Plates/MS Plates, Expansion Bellows, and Brake shoe as Capital Goods. The Commissioner (Appeals) had noted that these items were used in the fabrication of Capital Goods such as boiler shells, pipelines, and heat exchangers. The plates were cut, welded, and used as flanges in pipelines for transferring various substances. The Expansion Bellows were welded to heat exchangers in distillations, hydrogenation, and soap plants. The Commissioner (Appeals) found that these items had become part and parcel of the Capital Goods and had a nexus with the manufacturing of final products. The Commissioner relied on previous tribunal rulings and the Apex Court judgment to support this classification.

The Revenue argued that the items were not part of Capital Goods but were used for maintenance of machinery. However, upon review of the facts, the appellate tribunal found that the items were indeed used for replacing corroded parts of Capital Goods and had become integral to the manufacturing process of final products. The tribunal upheld the Commissioner (Appeals)' decision, stating that the items were not used for maintenance but for replacement of corroded parts of Capital Goods. The tribunal found the Commissioner's reliance on previous judgments to be correct and applicable to the present case. As a result, the appeal by the Revenue was rejected, and the decision of the Commissioner (Appeals) was upheld.