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TMI Blog2009 (9) TMI 490X X X X Extracts X X X X X X X X Extracts X X X X ..... nd maintenance of plant and machinery are eligible for Cenvat credit as capital goods. 2. Heard both the sides. 2.1 Shri Bipin Garg, Advocate, ld. Counsel for the appellant pleaded that Hon'ble Rajasthan High Court in the case of Hindustan Zinc Ltd. v. UOI reported in 2008 (228) E.L.T. 517 (Raj.) has held that welding electrodes used for repairs and maintenance of plant and machinery would be eligible for Cenvat credit as inputs as well as capital goods; that in this judgment Hon'ble Rajasthan High Court has overruled Larger Bench judgment of the Tribunal in the case of Jaypee Rewa Plant v. CCE reported in 2003 (159) E.L.T. 553 and that applying the ratio of this judgment of Hon'ble Rajasthan High Court, Oxygen, Acetylene and Helium gases ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t's order shows that it is a speaking order and hence this judgment would be a binding precedent effect and that the Division Bench of the Tribunal in a recent Division Bench of Tribunal's judgment in the case of Vikram Cement v. CCE, Indore (Final Order No. 603/09 dated 10-9-09) [2009 (242) E.L.T. 545 (Tribunal)] relying upon Honbie Supreme Court's judgment in the case of Kunhayarnmed v. State of Kerala reported in 2001 (129) E.L.T. 11 (S.C.) has held that Hon'ble Supreme Court's order in the case of SAIL v. CCE, Ranchi (supra) dismissing SLP on the facts of the case is a speaking order, which will be binding on all the Courts and that this judgment of Honbie Supreme Court had not been considered by Honble Rajasthan High Court in the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judgment in the case of Vikram Cement v. CCE, Indore (Final Order No. 603/09 dated 10-9-09) [2009 (242) E.L.T. 545 (Tribunal)] cited by Ld. DR wherein the point of dispute was as to whether "welding electrodes" used for repair and maintenance of plant and machinery are eligible for Cenvat credit as inputs, has considered the judgment of Hon'ble Rajasthan High Court in the case of Hindustan Zinc Ltd. (supra) and has held that Hon'ble Rajasthan High Court while ar riving at this decision has not considered the fact that the Tribunal's judgment in the case of Jaypee Rewa Plant (supra) had been followed by the Division Bench of the Tribunal in the case of SAIL v. CCE Ranchi reported in 2008 (222) E.L.T. 233 and SLP filed by SAIL to Hon'ble Sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Larger Bench". 4.2 On going through the judgment of the Division Bench in the case of Vikram Cement (supra), I find that in this case only the eligibility of welding electrodes for Cenvat credit as inputs has been considered and the Tribunal has held that in this regard it is the judgment of the Tribunal in the case of SAIL v. CCE, Ranchi (supra) as affirmed by the Hon'ble Supreme Court, which would be binding. However, in this case the eligibility of welding electrodes for Cenvat credit as capital goods has not been considered while Hon'ble Rajasthan High Court in the case of Hindustan Zinc Ltd. has held that welding electrodes would be eligible for Cenvat credit as capital goods also. Moreover, the welding electrodes are used as part ..... X X X X Extracts X X X X X X X X Extracts X X X X
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