2015 (3) TMI 33 - AT - Central Excise

Input service credit - welding electrodes - nexus for manufacturing of the final product - Held that - In the case of Samruddhi Cement Ltd.(2012 (9) TMI 885 - CESTAT NEW DELHI) this Tribunal has considered the decisions of various Hon ble High Court namely Ambuja Cements Ltd. 2010 (4) TMI 429 - CHHAITISGARH HIGH COURT Alfred Herbert (I) Ltd. 2010 (4) TMI 424 - KARNATAKA HIGH COURT Hindustan Zinc Ltd. 2008 (7) TMI 55 - HIGH COURT RAJASTHAN and Sree Rayalaseema Hi-Strength Hypo Ltd. (2012 (11) TMI 255 - ANDHRA PRADESH HIGH COURT) - appellant is entitled to take Cenvat Credit on welding electrodes which have been used for repairs and maintenance and plant and machinery. - impugned orders are set aside - Decided in favour of assessee.

Summary

Issues:
- Denial of input service credit on welding electrodes used for repair and maintenance of machinery and plant.

Analysis:
The appellant's claim for Cenvat Credit on welding electrodes used for repair and maintenance was denied by lower authorities citing lack of nexus for manufacturing of the final product as per Rule 2(k) of the CENVAT Credit Rules, 2004. The appellant relied on the case of Samruddhi Cement Ltd. and argued that they should be allowed to take the credit. On the other hand, the ld. AR referred to the decision in the case of Sree Rayalaseema Hi-Strength Hypo Ltd., where the High Court denied Cenvat Credit on welding electrodes used for repair. The Tribunal considered various High Court decisions and held that welding electrodes used for repairs and maintenance of plant and machinery are eligible for Cenvat Credit. The definition of 'input' under Rule 2(k) covers goods used "in or in relation to manufacture" of final products, whether directly or indirectly, which is broader than "used in manufacture." The Tribunal emphasized that while repair or maintenance is not a manufacturing process, it is related to the manufacture of the final product, as malfunctioning machinery hinders manufacturing activity. Therefore, the Tribunal set aside the impugned order and allowed the appeal, granting the appellant the right to take Cenvat Credit on welding electrodes used for repairs and maintenance.

In conclusion, the Tribunal found in favor of the appellant, allowing them to claim Cenvat Credit on welding electrodes used for repairs and maintenance of plant and machinery. The impugned orders were set aside, and the appeals were allowed with consequential relief.