2019 (1) TMI 425 - AT - Central Excise

CENVAT Credit - capital goods - MS Angles, Plates, etc. - welding electrodes - insertion of Explanation -2 to Rule 2(k) of CCR, 2004 i.e., 07.07.2009 - Held that - Non ble Madras High Court in the case of M/s. Thiru Arooran Sugars 2017 (7) TMI 524 - MADRAS HIGH COURT has held that MS Angles, Channels, etc., being an integral part of capital goods and manufacturing of final goods, are eligible for credit - the denial of Credit on MS Angles, Plates, etc., is not sustainable - credit allowed. CENVAT Credit - Welding Electrodes used for repair and maintenance purposes - Held that - An identical issue has already been considered and laid to rest by this Bench of the Tribunal in the case of M/s. UltraTech Cements Ltd. 2018 (7) TMI 677 - CESTAT CHENNAI , where it was held that the appellants are eligible for credit on same issue - credit allowed. Appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Denial of CENVAT Credit on MS Angles, Plates, etc.
2. Denial of CENVAT Credit on Welding Electrodes.

Analysis:

Issue 1: Denial of CENVAT Credit on MS Angles, Plates, etc.
The appellant, engaged in manufacturing Sugar and Molasses, availed CENVAT Credit for duty paid on MS Angles, Channels, and Plates used in construction and Welding Electrodes for repairs. The Department issued a Show Cause Notice proposing recovery of the Credit. The Order-in-Original confirmed the proposals, leading to the appeal. The appellant argued that structural items were integral to capital goods pre-2009, citing relevant case law. The advocate emphasized that denial of Credit for such items was unjustified. The appellant also contested the denial of Credit on Welding Electrodes used for maintenance. The Department supported the adjudicating authority's findings. The Tribunal considered precedents, including the case of M/s. Thiru Arooran Sugars, where the High Court deemed MS Angles, Channels, etc., eligible for credit. Consequently, the Tribunal ruled in favor of the appellant, setting aside the denial of Credit on MS Angles, Plates, etc.

Issue 2: Denial of CENVAT Credit on Welding Electrodes
Regarding the denial of Credit on Welding Electrodes, the appellant argued that they were used for maintenance of capital goods, falling under the scope of inputs as per Rule 2(k) of CCR, 2004. The advocate cited relevant decisions to support this claim. The Tribunal noted that similar issues had been addressed in previous cases, such as M/s. UltraTech Cements Ltd. and M/s. The Andhra Sugars Ltd., where the denial of Credit was set aside. Following these precedents, the Tribunal ruled in favor of the appellant, overturning the denial of Credit on Welding Electrodes. The appeal was allowed with consequential benefits as per the law.

This detailed analysis of the judgment highlights the issues of denial of CENVAT Credit on MS Angles, Plates, etc., and Welding Electrodes, along with the arguments presented by the appellant, Department's stance, relevant case law references, and the Tribunal's final ruling in each issue's context.