2009 (7) TMI 972 - AT - Central Excise

Summary

Issues: Denial of capital goods credit for transformers and cast iron surface plate.

Denial of credit for cast iron surface plate:
The appellant appealed before the Tribunal regarding denial of capital goods credit for transformers and cast iron surface plate. The consultant representing the appellant mentioned that the credit amount for transformers was Rs. 65,550 and for the cast iron surface plate was Rs. 4,500. The consultant decided not to pursue the appeal for the small amount related to the cast iron surface plate, leading to the rejection of the appeal without delving into the merits.

Denial of credit for transformers:
The consultant argued that during the period from July '94 to November '94, transformers were not included in the definition of capital goods. However, citing a precedent where the Tribunal allowed capital goods credit for transformers in a similar case, the consultant contended for the credit. The consultant referred to the case of CCE, Nagpur v. Indo Rama Synthetics India Ltd., upheld by the Supreme Court in CCE, Coimbatore v. Jawahar Mills Ltd. The department supported the impugned order, but the Tribunal, relying on a Larger Bench decision and subsequent Supreme Court validation, overturned the denial of credit for transformers. The Tribunal found no reason to deny the benefit of capital goods credit for transformers, setting aside the impugned order and allowing the appeal with consequential benefits for the appellants.

This judgment highlights the importance of legal precedents, the interpretation of statutory provisions, and the application of established principles in tax matters. The decision underscores the significance of consistency in judicial interpretation and adherence to higher court rulings.