2015 (12) TMI 800 - AT - Central Excise

Denial of CENVAT Credit - Capital goods - Credit on MS plates, MS Angle, MS Channel, Steel, Aluminum sheets & bar & rods - Held that - These findings have not been contravened by the Revenue with any cogent evidence and also have made allegations in their grounds of appeal without any supporting evidence. Therefore, I do not find any infirmity with the impugned order wherein both the lower authorities have examined the usage of these items and held that these items have been used in fabrication / repairs and maintenance of plant and machinery. - infirmity with the impugned order. Same is upheld - Decided against Revenue.

Summary

Issues:
Appeal against allowing Cenvat Credit on various items used for repairs and maintenance of capital goods.

Analysis:
The appeal pertains to the allowance of Cenvat Credit on items like MS plates, MS Angle, MS Channel, Steel, Aluminum sheets, bar, and rods used for repairs and maintenance of capital goods. The Revenue contended that Cenvat Credit on these items is not available as they were utilized in repairing and maintaining existing equipment, plant, and machinery. Both lower authorities examined the usage of these items extensively. The adjudicating authority noted the detailed report provided by the Superintendent, highlighting the various capital goods manufactured using these inputs. The authority found that these items were used in the making of capital goods for addition, expansion, and modification of plant and machinery, rather than just for repair and maintenance purposes. The party's statements indicated the use of these items for manufacturing different types of capital goods within the factory. The lower authorities, including the Ld. Commissioner (A), concluded that the items were indeed used for addition, expansion, and modification of plant and machinery, supporting the allowance of Cenvat Credit to the respondent.

The Revenue failed to provide any substantial evidence to contradict the findings of the lower authorities. The impugned order was based on a thorough examination of the usage of the items and concluded that they were utilized in fabrication, repairs, and maintenance of plant and machinery for addition, expansion, and modification purposes. The absence of concrete evidence from the Revenue to challenge these findings led to the dismissal of the appeal. The judgment upheld the impugned order, emphasizing the importance of examining the actual usage of items in determining the eligibility for Cenvat Credit. Overall, the decision favored the respondent by affirming the lower authorities' findings regarding the utilization of the items for manufacturing capital goods rather than mere repairs and maintenance activities.