2012 (6) TMI 71 - AT - Central Excise

Whether the welding electrodes used for repair and maintenance of the plant and machinery of the sugar mills are eligible for cenvat credit Held that - in the case of Hindustan Zinc Ltd. (2008 (7) TMI 55 (HC)) welding electrodes used for repair and maintenance of the plant and machinery are eligible for cenvat credit as inputs as well as capital goods. appeals are allowed.

Summary

Issues involved: Eligibility of welding electrodes for cenvat credit for repair and maintenance of plant and machinery.

Analysis:
The only issue in these appeals is whether welding electrodes used for repair and maintenance of sugar mills' plant and machinery are eligible for cenvat credit. The original adjudicating authority disallowed the credit, which was upheld by the Commissioner (Appeals). The appellants argued that previous judgments by various High Courts and the Tribunal supported their claim. The Departmental Representatives, however, cited different Tribunal decisions and a Supreme Court case. The Tribunal noted conflicting decisions but relied on the High Court judgments favoring the appellants. The Tribunal highlighted that the Supreme Court had referred a related issue to a Larger Bench and dismissed the SLP without giving observations, making it a non-binding precedent. Consequently, the Tribunal set aside the impugned orders denying cenvat credit for welding electrodes, ruling in favor of the appellants and allowing the appeals. The miscellaneous applications related to the appeals were also disposed of accordingly.