2009 (8) TMI 593 - AT - Central Excise

Cenvat Credit- Capital Goods- The Appellant filed this Appeal against the impugned Order whereby the Commissioner (Appeals) remanded the matter to the Adjudicating Authority for quantification of the demand. Contention of the Revenue is that the cable is classifiable under Heading 76.10 of the Tariff and is not specified goods under the definition of capital goods . Accordingly, credit is allowed only in respect of the cables used within the factory being components of the specified goods. Held that- the credit had been disallowed on the ground that the cable was used outside the factory but the appellant relied on the various cases in which credit was allowed thus the matter is to be reconsidered afresh by the adjudicating authority.

Summary

Issues Involved:
1. Entitlement to credit for Electric Transmission Cables used within and outside the factory premises.

Detailed Analysis:

Issue 1: Entitlement to Credit for Electric Transmission Cables

The Appellant filed an Appeal against the Order remanding the matter to the Adjudicating Authority for quantification of the demand. The Commissioner (Appeals) held that the Electric Transmission Cables were used to transmit power from the main grid to the factory and then distribute it within the factory, including the office building. The Appellant contended that the cables were used to draw electricity from the main grid to the factory, making them eligible for credit. The Revenue argued that the cables were not specified goods under the definition of 'capital goods' and were used outside the factory, including supplying power to the office building, which is not part of the manufacturing process. The Appellant agreed that cables used for office purposes were not entitled to credit.

The Tribunal found that the key issue was whether the cable used to transmit power from the main grid to the factory qualified for credit as capital goods. The Adjudicating Authority was directed to re-examine the entitlement of credit for the cables used from the main grid to the factory, considering precedents where credit was allowed for similar situations. The Tribunal referenced cases where credit was permitted for items used outside the factory but essential for the manufacturing process, such as a pipeline drawing water from a reservoir for manufacturing goods within the factory. The Tribunal concluded that the matter should be reconsidered by the Adjudicating Authority to determine the eligibility of credit for the cables used from the main grid to the factory, after giving the Appellant a fair hearing. The impugned Order was modified accordingly, and the Appeal was disposed of.

This detailed analysis covers the issues involved in the legal judgment, providing a comprehensive overview of the arguments presented by both parties and the Tribunal's decision regarding the entitlement to credit for Electric Transmission Cables used within and outside the factory premises.