9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (11) TMI 3 - AT - Central ExciseCENVAT Credit - capital goods - copper bars / rods, MS rods /sheets/bars, channels, flats, joists etc. used in the factory for fabrication and erection of plant and machinery - HELD THAT - The issue is no longer res integra, as far as the period prior to 07.07.2009 is concerned. It is covered by the judgment of this Tribunal rendered in the case of M/S. BMM ISPAT LIMITED VERSUS THE COMMISSIONER OF CENTRAL EXCISE, BELGAUM 2024 (4) TMI 671 - CESTAT BANGALORE wherein this Tribunal had elaborately discussed the ratios rendered in the case of M/S. THIRU AROORAN SUGARS, M/S. DALMIA CEMENTS (BHARAT) LTD. VERSUS CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL, THE COMMISSIONER OF CENTRAL EXCISE 2017 (7) TMI 524 - MADRAS HIGH COURT and also decision of Larger Bench of this Tribunal in the case of M/S. MANGLAM CEMENT LTD. VERSUS C.C.E., JAIPUR-I 2018 (3) TMI 1547 - CESTAT NEW DELHI , wherein it is held that CENVAT credit on various inputs such as MS Angles, MS Channels, MS beams, MS joists, MS plates, etc., used in the fabrication of various machineries, support structure, platforms for machineries and equipment, etc., used in the factory, is admissible. For the period from 07.07.2009 to April 2011, the definition of input under Rule 2(k). The Explanation 2 has been inserted to the said definition vide Notification No.16/2009CE(NT) dated 07.07.2009. Consequently, the items viz., HR coils, HR Sheets, M.S. Angles, M.S. Channels and MS plates, etc., has been specifically excluded from the scope of the definition of inputs . For the period prior to 07.07.2009, the appellants are eligible to avail CENVAT credit on the inputs viz., HR coils, HR Sheets, M.S. Angles, M.S. Channels and MS plates, etc., and accordingly, demand confirmed is not sustainable; for the period 07.07.2009 to April 2011, in principle CENVAT credit on the inputs viz., HR coils, HR Sheets, M.S. Angles, M.S. Channels and MS plates, etc., are not admissible. Consequently, the impugned order is modified and the appeal is remanded to the original adjudicating authority to recalculate the demand for the period after 7.7.2009, if any, payable. - invocation of extended period of limitation cannot be upheld. Thus, the demand is to be ascertained for the normal period of limitation. No penalty is imposable on the appellants. The impugned order is set aside and the matter of the appellant company is remanded to the adjudicating authority - Appeal allowed by way of remand.
Issues Involved:
1. Eligibility of CENVAT credit on iron and steel items used for fabrication and structural support of capital goods. 2. Retrospective applicability of amendments to the CENVAT Credit Rules. 3. Interpretation of 'capital goods' and 'inputs' under the CENVAT Credit Rules. 4. Applicability of the extended period of limitation for demand and penalty. Issue-wise Detailed Analysis: 1. Eligibility of CENVAT Credit on Iron and Steel Items: The primary issue in the appeal was whether the appellant was entitled to avail CENVAT credit on items such as copper bars, MS rods, channels, flats, and joists used in the factory for the fabrication and erection of plant and machinery. The appellant argued that these items qualify as 'capital goods' or parts and accessories of capital goods under Rule 2(a) of the CENVAT Credit Rules, 2004, as they are integral to the fabrication and installation of capital goods. The Tribunal found that for the period prior to 07.07.2009, the issue was settled in favor of the appellant, as these items were deemed admissible as capital goods based on precedents set by the Tribunal and various High Courts. 2. Retrospective Applicability of Amendments: The Tribunal addressed whether the amendment to the definition of 'input' under Rule 2(k) of the CENVAT Credit Rules, effective from 07.07.2009, was retrospective. It was concluded that the amendment was not clarificatory and thus not retrospective. The Tribunal relied on judgments from the Gujarat and Madras High Courts, which held that amendments to the CENVAT Credit Rules should operate prospectively unless explicitly stated otherwise. 3. Interpretation of 'Capital Goods' and 'Inputs': The Tribunal examined the definitions of 'capital goods' and 'inputs' under the CENVAT Credit Rules. It was determined that items used in the fabrication of capital goods, which are essential for the manufacture of final products, qualify as capital goods or inputs. The Tribunal applied the "user test" to determine the eligibility of these items for CENVAT credit, affirming that items supporting plant and machinery are integral to capital goods and thus eligible for credit. 4. Applicability of Extended Period of Limitation: The Tribunal considered whether the extended period of limitation could be invoked for the demand and imposition of penalties. Given the confusion and varying interpretations of the eligibility of CENVAT credit on the disputed items during the relevant period, the Tribunal held that the extended period could not be applied. Consequently, the demand should be recalculated for the normal period of limitation, and no penalties were to be imposed on the appellants. Conclusion: The Tribunal concluded that for the period prior to 07.07.2009, the appellants were eligible for CENVAT credit on the disputed items. For the period from 07.07.2009 to April 2011, the credit was not admissible due to the amended definition of 'input.' The matter was remanded to the original adjudicating authority to recalculate the demand for the period after 07.07.2009. The appeals challenging the imposition of penalties were allowed, and the case was remanded for reconsideration with a directive to provide a reasonable opportunity for the appellants to be heard.
|
