2009 (4) TMI 628 - AT - Central Excise

Summary

Issues:
- Appeal against Order-in-Appeal No. AKD/12/NGP/2008 dated 31-1-08 passed by Commissioner of Central Excise & Customs (Appeal), Nagpur regarding availing Cenvat credit on welding electrodes.

Analysis:
1. Facts of the Case:
- The respondents, engaged in manufacturing sponge iron, availed Cenvat credit on welding electrodes under Rule 3 of Cenvat Credit Rules, 2004.
- A show cause notice was issued proposing demand for irregular Cenvat credit availed on welding electrodes used for repair/maintenance of capital goods.
- The lower adjudicating authority confirmed the demand, interest, and penalty, leading to an appeal by the respondents before the Commissioner (Appeals).

2. Contentions of the Parties:
- The JDR argued that welding electrodes used for repair and maintenance are not eligible for Cenvat credit as per Rule 2 of Cenvat Credit Rules, citing relevant case laws.
- The respondents' advocate contended that welding electrodes were used in the manufacture of supporting structures, citing judgments supporting admissibility of Cenvat credit for welding electrodes used in maintenance of plant and machinery.

3. Legal Analysis:
- The key issue was whether welding electrodes can be considered "input" for availing Cenvat credit when used in repair/maintenance or fabrication of supporting structures of plant and machinery.
- The Tribunal observed a factual inconsistency between the show cause notice and the respondents' contention regarding the use of welding electrodes.
- Despite the inconsistency, considering the settled legal position, the Tribunal upheld that Cenvat credit is available for welding electrodes used in the fabrication of supporting structures of plant and machinery.

4. Conclusion:
- The Tribunal dismissed the appeal by the revenue against the Commissioner (Appeals) order, affirming that Cenvat credit on welding electrodes used for fabrication of supporting structures of plant and machinery is admissible.
- The judgment was pronounced on 6-4-2009 by Shri Ashok Jindal, J., at the Appellate Tribunal CESTAT, Mumbai.

This detailed analysis highlights the legal intricacies surrounding the availing of Cenvat credit on welding electrodes and the Tribunal's decision based on the facts and legal precedents presented by both parties.