2018 (3) TMI 1542 - AT - Central Excise

CENVAT credit - input - welding electrodes - welding electrodes admittedly used in repair of plant & machinery of boiling house, pan, crystallizer, mill house machinery etc. being capital goods which are further used for manufacture of excisable goods - Held that - appellant are entitled for credit availed by them on welding electrodes which are used by them for fabrication and repair and maintenance of their capital goods - appeal allowed - decided in favor of appellant.

Summary

Issues Involved:
Whether the appellant is entitled to take Cenvat credit on welding electrodes used in the repair of plant & machinery as inputs for the manufacture of excisable goods.

Analysis:
The appeal was against an Order-in-Appeal passed by the Commissioner (Appeals), Central Excise, Allahabad. The issue revolved around the entitlement of the appellant, engaged in the manufacture of Sugar and Molasses, to claim Cenvat credit on welding electrodes used in the repair of plant & machinery. The Tribunal referred to previous judgments in the appellant's own case where it was held that welding electrodes used in the repair and maintenance of plant & machinery are eligible for Cenvat credit as inputs. The Tribunal cited judgments from the Hon'ble Chhattisgarh High Court and the Hon'ble Bombay High Court, which supported the appellant's claim for credit on welding electrodes. The Tribunal emphasized that the issue had been conclusively settled in favor of the appellant in previous decisions.

In a separate judgment by another member of the Tribunal in the appellant's case, it was reiterated that welding electrodes used for repair & maintenance of plant & machinery are eligible for Cenvat credit as inputs and capital goods. The Tribunal referenced judgments from the Hon'ble Rajasthan High Court and the Hon'ble Chhattisgarh High Court, which supported the appellant's position on claiming credit for welding electrodes. The Tribunal highlighted that the dismissal of a Special Leave Petition (SLP) by the Supreme Court did not establish any binding precedent. Based on the judgments of the High Courts, the Tribunal concluded that the denial of Cenvat credit for welding electrodes used in repair & maintenance was not sustainable, setting aside the impugned order and allowing the appeal.

In conclusion, the Tribunal found that the issue was decisively settled in favor of the appellant based on previous judgments and allowed the appeal. The appellant was granted entitlement to consequential relief as per the law. The Tribunal's decision was pronounced in court, affirming the appellant's right to claim Cenvat credit on welding electrodes used in the repair of plant & machinery for the manufacture of excisable goods.