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2021 (6) TMI 1106 - AT - Central ExciseCENVAT Credit - inputs - welding electrodes - period from April 2010 to December 2012 and from January 2013 to October 2013 - HELD THAT:- The issue stands decided in favour of the appellant as held by the Tribunal in the case of CCE, MEERUT VERSUS M/S. BAJAJ HINDUSTAN LTD. [2013 (11) TMI 943 - CESTAT NEW DELHI] where the issue pertaining to eligibility of welding electrode for repair and maintenance activity during the year 2008 (i.e. prior to amendment from 1st March, 2011) has been examined.The Tribunal while taking note of the decision in the case of M/S STEEL AUTHORITY OF INDIA LTD. VERSUS COMMR. OF CENTRAL EXCISE, JHARKHAND [2008 (7) TMI 16 - SC ORDER] took a view in favour of the assessee considering the decision of three High Courts wherein it has been held that credit is eligible on welding electrodes. It has also been observed therein that mere dismissal of SLP by the Supreme Court against the decision rendered by the Tribunal will not be considered to be law since not decided by the Apex Court. Since the issue is no longer res integra and the eligibility of Cenvat Credit on welding electrode has been squarely decided in favour of the assesse even for the period prior to 1st March, 2011, there is no reason to disallow credit in the present case. The demand of excise duty, interest and penalty is thus set aside. Appeal allowed - decided in favor of appellant.
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