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2025 (3) TMI 676 - AT - Central ExciseCENVAT Credit - inputs - MS Angles Channels HR Coils and Flange Beams used in the fabrication of an Electric Overhead Travelling (EOT) Crane - HELD THAT - The appellant has availed Cenvat credit in respect of MS Angles Channels HR Coils Flange Beams etc. used as inputs in the EOT Crane which were used within the factory of production. These items are components spares and accessories of the capital goods of the EOT crane and hence they are eligible as inputs under Rule 2(K) used for the fabrication of the capital goods. Accordingly these items MS Angles Channels HR Coils Flange Beams etc. are eligible inputs under Rule 2(K) of Cenvat credit Rules and accordingly the appellant is eligible to avail input credit. Hon ble Madras High Court in the case of M/S. THIRU AROORAN SUGARS M/S. DALMIA CEMENTS (BHARAT) LTD. VERSUS CUSTOMS EXCISE AND SERVICE TAX APPELLATE TRIBUNAL THE COMMISSIONER OF CENTRAL EXCISE 2017 (7) TMI 524 - MADRAS HIGH COURT where it was held that whether the user test is applied or the test that they are the integral part of the capital goods is applied the assessees in these cases should get the benefit of Cenvat credit as they fall within the scope and ambit of both Rule 2(a)(A) and 2(k) of the 2004 Rules. Conclusion - The appellant is eligible for the inputs credit availed on MS Angles Channels HR Coils Flange Beams etc. and the impugned order denies the credit cannot be suitable. Appeal allowed.
1. ISSUES PRESENTED and CONSIDERED
The core legal issue considered in this judgment is whether the materials such as MS Angles, Channels, HR Coils, and Flange Beams used in the fabrication of an Electric Overhead Travelling (EOT) Crane within the factory qualify as "inputs" under Rule 2(K) of the Cenvat Credit Rules, 2004, thereby entitling the appellant to avail Cenvat credit. 2. ISSUE-WISE DETAILED ANALYSIS Relevant Legal Framework and Precedents: The legal framework revolves around the interpretation of Rule 2(K) of the Cenvat Credit Rules, 2004, which defines what constitutes "inputs" eligible for Cenvat credit. The appellant relied on the precedent set by the Madras High Court in Thiru Arooran Sugars vs. CESTAT, Chennai, where it was held that MS Structurals supporting plant and machinery are integral parts of such machinery and thus qualify for Cenvat credit. Court's Interpretation and Reasoning: The Tribunal examined whether the materials in question could be considered as components, spares, and accessories of capital goods, specifically the EOT Crane. The Tribunal found that these items were indeed used as inputs in the fabrication of the EOT Crane, which is utilized within the factory for production purposes. The Tribunal agreed with the appellant's contention that these materials form part of the capital goods and thus fall within the definition of "inputs" under Rule 2(K). Key Evidence and Findings: The appellant demonstrated that the materials were used for the movement of the EOT Crane, which is essential for lifting heavy goods within the factory. This usage aligns with the definition of components and accessories of capital goods. The Tribunal noted the appellant's reliance on the Madras High Court's decision, which supported the view that structural materials integral to machinery should qualify for credit. Application of Law to Facts: The Tribunal applied the legal principles from the Madras High Court's decision, finding that the materials were integral to the EOT Crane's operation. By establishing that these materials are necessary for the function of the crane, the Tribunal concluded that they meet the criteria for inputs under the Cenvat Credit Rules. Treatment of Competing Arguments: The Tribunal considered the respondent's position, which reiterated the findings of the lower authority denying the credit. However, the Tribunal found the appellant's reliance on the precedent and the specific use of the materials within the factory compelling, leading to the conclusion that the denial of credit was inappropriate. Conclusions: The Tribunal concluded that the materials in question qualify as inputs under Rule 2(K) of the Cenvat Credit Rules, 2004. Consequently, the appellant is entitled to avail Cenvat credit for these materials, and the denial of credit by the lower authorities was set aside. 3. SIGNIFICANT HOLDINGS The Tribunal held that the appellant is eligible for Cenvat credit on MS Angles, Channels, HR Coils, and Flange Beams used in the EOT Crane. The Tribunal's decision was heavily influenced by the precedent set in Thiru Arooran Sugars vs. CESTAT, Chennai, which established that materials integral to machinery qualify for credit. The Tribunal stated, "whether the 'user test' is applied, or the test that they are the integral part of the capital goods is applied, the assessees, in these cases, should get the benefit of Cenvat credit, as they fall within the scope and ambit of both Rule 2(a)(A) and 2(k) of the 2004 Rules." The final determination was to set aside the impugned order and allow the appeal, granting the appellant the consequential relief as per law.
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