2012 (2) TMI 163 - AT - Central Excise

Modvat Credit of duty paid on the cleanflow, welding electrodes and various iron and steel items Held that - As regards Cleanflow, issue already stands decided in the appellants own case, thereby, held to be eligible Modvatable input and credit is allowed in respect of same. Steel items Following the decision in case of Jaypee Bela Plant vs CCE (2011 - TMI - 210276 - CESTAT, DELHI), we remand the matter to original adjudicating authority for examining the availability of credit in respect of various steel items, depending upon actual use of the same. Welding electrodes Held that -Original adjudicating authority would also re-decide the issue of availability of credit on welding electrodes in the light of decision in case of Ambuja Cements Eastern Ltd. vs. CCE, Raipur (2010 - TMI - 77888 - Chhaitisgarh High Court).

Summary

Issues:
1. Disallowance of Modvat Credit on cleanflow, welding electrodes, and various iron and steel items.
2. Eligibility of cleanflow for Modvat Credit.
3. Availability of Modvat Credit for steel items.
4. Denial of Modvat credit on welding electrodes.

Analysis:
1. The judgment by the Appellate Tribunal CESTAT, New Delhi dealt with the disallowance of Modvat Credit on cleanflow, welding electrodes, and various iron and steel items. The issue was found to be identical across all appeals.

2. Regarding the eligibility of cleanflow for Modvat Credit, it was noted that a precedent decision of the Tribunal had already established cleanflow as an eligible Modvatable input. Citing the case of Jaypee Bela Plant, it was decided to allow the credit for cleanflow in line with the previous ruling.

3. The judgment addressed the availability of Modvat Credit for steel items based on a previous order of the Tribunal in the same appellant's case. It was mentioned that the matter had been remanded to the original authority for further examination. The decision highlighted the distinction made in the case of Vandana Global Ltd. regarding the use of steel items for laying foundation and building supporting structures versus for manufacturing parts and components of capital goods.

4. In the case of denial of Modvat credit on welding electrodes, reference was made to the decision of the Chhattisgarh High Court in the case of Ambuja Cements Eastern Ltd., which established that welding electrodes used in repair and maintenance of plant and machinery are Modvatable capital goods. The judgment directed the original adjudicating authority to re-decide the issue of availability of credit on welding electrodes in light of the High Court's ruling and allowed the appellants to present additional judgments for consideration.

Overall, the appeals were disposed of with decisions made on each issue, including allowing Modvat Credit for cleanflow, remanding the matter for steel items, and re-examining the availability of credit on welding electrodes based on legal precedents.