2018 (3) TMI 843 - AT - Central Excise

CENVAT credit - inputs/capital goods - MS rods, TMT bars, MS Angles, Channels etc. - Held that - there is no dispute as to the receipt of these inputs and consumption thereof for the stated purposes - Hon ble High Court of Madras in the case of Thiru Arooran Sugars Vs CESTAT 2017 (7) TMI 524 - MADRAS HIGH COURT has specifically held that these items are eligible for availment of CENVAT credit - credit allowed - appeal allowed - decided in favor of appellant.

Summary

Issues involved: CENVAT credit eligibility on inputs like cement, steel, and steel structurals for manufacturing final products.

Analysis:
The appeal in this case challenges an order-in-original regarding the CENVAT credit of Central Excise duty paid on inputs such as cement, steel, and steel structurals used for manufacturing final products. The appellant argues that these items were utilized in the fabrication of various structures essential for the manufacturing process and should be eligible for CENVAT credit under Rule 2(l) of the CENVAT Credit Rules 2004. However, the adjudicating authority deemed these items as structural in nature, thus denying CENVAT credit based on the judgment of the Larger Bench of the Tribunal in the case of Vandana Global [2010(253)ELT 440 (Tri-LB)].

Upon review, it was found that there was no dispute regarding the receipt and consumption of these inputs for the intended purposes. The appellant confirmed that they did not claim CENVAT credit on inputs used for constructing immovable property. The issue at hand was determined to be in line with decisions from the Hon’ble High Court of Madras, specifically citing cases such as Thiru Arooran Sugars Vs CESTAT [2017(355) ELT 373 (Mad)], Dalmia Cements Vs CESTAT [2016(341) ELT 102 (Mad)], and CCE Vs India Cements Ltd [2014-TIOL-1185-HC-Mad].

Furthermore, the reliance placed by the learned AR and the adjudicating authority on the Vandana Global case was deemed insufficient as the judgment of the Larger Bench had been overturned by the Hon’ble High Court of Gujarat in the case of Mundra Port & SEZ Ltd Vs CCE [2015 (39) STR 726]. Consequently, considering the authoritative judicial pronouncements and precedents, the impugned order was deemed unsustainable and set aside, leading to the allowance of the appeal. The decision was pronounced and dictated in open court, marking the conclusion of the case.