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2019 (3) TMI 1042 - AT - Central ExciseCENVAT Credit - input - HR Plates, HR Coils, SS Plates, SS Sheets, SS Coils, MS Channels, HB/MS/SS pipes, etc. - manufacturing activity carried out or not - N/N. 67/95-CE - sub section 1(A) of section 5A of CEA - principles of natural justice - Held that - It is seen that neither OIO nor OIA examines the decisions relied upon - It is seen that the respondents had produced Chartered Engineer s certificate dated 22/11/2016 which certify that the impugned goods were used to manufacture tank, steeping vat and machinery. It is seen that the Rule 2(k) of Cenvat Credit Rules, 2004 only excludes from its ambit cement, angles, channels, Centrally Twisted Deform bar (CTD) or Thermo Mechanically Treated bar (TMT) and other items used for construction of factory shed, building or laying of foundation or making of structures for support of capital goods - It is apparent that Rule 2(k) does not exclude HR Coils, SS Coils, SS Sheets, etc. used in manufacture of tanks, steeping vats, etc which are in the nature of machinery and not in the nature of factory shed, building or foundations or structures for capital goods. Credit allowed - Appeal dismissed - decided against Revenue.
Issues:
Appeal against order setting aside demand of reversal of CENVAT Credit, interest, and penalty. Analysis: The appeal was filed by Revenue against an order setting aside the demand of reversal of CENVAT Credit, interest, and penalty against a company. The Revenue argued that the company had availed CENVAT Credit on various materials, claiming they were not entitled to it. The Commissioner had relied on a Chartered Engineer's certificate stating that the materials were used for manufacturing storage tanks and steeping vats, thus making the credit available. The Revenue contended that the items manufactured at the site, such as vessels and vats, fixed to the ground, did not amount to goods under the relevant order. They also argued that these items were exempted under a specific notification, and therefore, no credit should be allowed for the materials used in their manufacture. The Tribunal considered the arguments raised by the Revenue and reviewed the definition of input and capital goods at the material time. The definition of capital goods excluded certain items, indicating that the goods in question were neither covered under the definition of capital goods nor inputs, making the CENVAT Credit inadmissible. The Commissioner's observation highlighted that the definition of capital goods did not require the goods to be used in the manufacture of the final product but in the factory of the manufacturer. This interpretation was supported by a previous decision cited in the order. The Tribunal found merit in the Commissioner's arguments, noting that they had not been effectively countered in the appeal grounds, which merely reiterated the Show Cause Notice. Moreover, the respondents had cited specific case laws and produced a Chartered Engineer's certificate to support their claim that the materials were used to manufacture machinery like tanks and vats, not for constructing factory sheds or buildings. The Tribunal concluded that the exclusion under Rule 2(k) of the CENVAT Credit Rules did not apply to the materials used in manufacturing machinery like tanks and vats. Based on the analysis of facts and laws presented, the Tribunal dismissed the Revenue's appeal, upholding the order setting aside the demand for reversal of CENVAT Credit, interest, and penalty against the company.
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