2009 (9) TMI 490 - AT - Central Excise

Cenvat credit-capital goods- whether welding electrodes used with welding machines for repair and maintenance of plant and machinery are eligible for Cenvat credit as capital goods? Held that- As regards the eligibility of Oxygen, Acetylene and Helium gases used for the purpose of maintenance and repair of plant and machinery, the same cannot be treated as inputs, as, held by Division Bench of this Tribunal in case of Vikram Cement v. CCE, Indore, only those goods which forms part of the process carried out by a manufacturer for converting raw material into finished goods can be considered as inputs and the goods which are not integrally connected with the process of manufacture resulting in utilization of such product directly or indirectly in the manufacture of the finished product, cannot be said to be input. Therefore, Oxygen, Helium and Acetylene gases used for repair and maintenance of plant and machinery are not covered by the definition of inputs. In view of the above discussion while I hold that Cenvat credit is eligible in respect of welding electrodes as capital goods, the Cenvat credit is not available in respect of Oxygen, Helium and Acetylene gases used for maintenance and repair of the plant and machinery.

Summary

Issues:
1. Whether Oxygen, Acetylene, and Helium gases used for repair and maintenance of plant and machinery are eligible for Cenvat credit as inputs.
2. Whether welding electrodes used with welding machines for repair and maintenance of plant and machinery are eligible for Cenvat credit as capital goods.

Analysis:

1. Eligibility of Welding Electrodes as Capital Goods:
The advocate for the appellant argued that welding electrodes should be eligible for Cenvat credit as both inputs and capital goods based on the judgment of the Hon'ble Rajasthan High Court in a specific case. The appellant cited precedents and emphasized that welding electrodes, being part of the welding machine classified under Heading 84.68, should be considered capital goods. However, the respondent's representative contended that a judgment by the Hon'ble Supreme Court dismissing an SLP against a previous Tribunal decision should be considered a binding precedent. The Tribunal analyzed the arguments and concluded that welding electrodes are indeed eligible for Cenvat credit as capital goods based on the specific circumstances and applicable legal principles.

2. Eligibility of Oxygen, Acetylene, and Helium Gases as Inputs:
Regarding the eligibility of Oxygen, Acetylene, and Helium gases for Cenvat credit as inputs, the Tribunal referred to a previous case involving similar issues. It was noted that only goods integral to the manufacturing process could be considered inputs for Cenvat credit. The Tribunal held that gases used for maintenance and repair purposes, such as Oxygen, Helium, and Acetylene, do not qualify as inputs under the relevant regulations. Therefore, these gases were deemed ineligible for Cenvat credit as inputs.

In conclusion, the Tribunal allowed the appeal related to the eligibility of welding electrodes for Cenvat credit as capital goods while dismissing the appeal concerning the eligibility of Oxygen, Acetylene, and Helium gases for Cenvat credit as inputs. The judgment was pronounced on a specific date, providing a clear resolution to the issues raised in the appeals.