2017 (8) TMI 304 - AT - Central Excise

CENVAT credit - whether the M.S. Plate, S. S. Plate, H.R. Plate, Aluminium Coils, G.I. Earthing Strips etc., undisputedly used for the repair and maintenance of various capital goods, in the factory premises of the appellant are eligible to CENVAT credit under the definition of input as prescribed under Rule 2(k) of CCR, 2004? - Held that - similar issue decided in the case of KISAN SAHKARI CHINI MILLS LTD. Versus COMMISSIONER OF C. EX. LUCKNOW 2013 (7) TMI 2 - CESTAT NEW DELHI , where it was held that the activity of repair and maintenance of plant and machinery is an activity which has direct nexus with manufacture of final products and the goods used in this activity would be eligible for CENVAT credit - appeal allowed - decided in favor of appellant.

Summary

Issues:
- Eligibility of CENVAT credit for items used in repair and maintenance of capital goods.

Analysis:
The appeal in this case was filed against an order passed by the Commissioner (Appeals) of Central Excise, Customs, and Service Tax-Vadodara, alleging wrongful availment and utilization of CENVAT credit. The appellant used items like M.S. Plate, S.S. Plate, H.R. Plate, Aluminium Coils, G.I. Earthing Strips for repairing capital goods in their factory premises. The demand was confirmed with penalties, leading to the appeal. The appellant argued that the items used for repair and maintenance of capital goods are eligible for CENVAT credit under Rule 2(k) of CCR, 2004. They cited judgments supporting their contention, including cases like Kisan Sahkari Chini Mills Ltd. vs. Commissioner of Central Excise, Lucknow and others.

The Revenue's representative reiterated the findings of the Commissioner (Appeals), leading to the Tribunal's consideration of the issue. The key question was whether the items used for repair and maintenance of capital goods in the factory premises were eligible for CENVAT credit as per the definition of "input" under Rule 2(k) of CCR, 2004. The Tribunal referred to previous judgments, including the case of Hindustan Zinc Ltd., where High Courts held that items used for repair and maintenance of plant and machinery are eligible for CENVAT credit. The Tribunal also interpreted the scope of the expression "used in or in relation to manufacture of final products" under Rule 2(k) of CCR, 2004, emphasizing the commercial expediency of the activity in determining eligibility for CENVAT credit.

Ultimately, the Tribunal set aside the impugned order and allowed the appeal with consequential relief, if any, as per the law. The judgment highlighted the commercial necessity of repair and maintenance activities for the smooth functioning of manufacturing processes, establishing the nexus between such activities and the eligibility for CENVAT credit.