2017 (6) TMI 574 - HC - Central Excise

CENVAT credit - welding electrodes - whether CENVAT credit on welding electrodes which were used in repairs and maintenance of machinery and were used in manufacture of the final product that is paper would be available to the Assessee? - Held that - the said issue is covered by the judgment of the Division Bench of this Court in the matter of National Co-operative Sugar Mills Ltd. V. Commissioner of Central Excise Madurai 2016 (7) TMI 1073 - MADRAS HIGH COURT where it was held that Judicial pronouncements makes it abundantly clear that welding electrodes used for repair and maintenance of machineries in relation to manufacture of the final product namely sugar is eligible for CENVAT credit - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Availability of CENVAT credit on welding electrodes for repairs and maintenance of machinery and manufacture of final product.

Analysis:
The appeal before the Madras High Court was filed by the Assessee challenging the judgment and order of the Customs, Excise and Service Tax Appellate Tribunal, Chennai. The primary issue for consideration was the availability of CENVAT credit on welding electrodes used in repairs, maintenance of machinery, and in the manufacture of the final product, paper. The Tribunal had dismissed the appeal based on a previous judgment related to the issue. However, the Assessee argued that a different judgment by the Division Bench of the High Court was applicable in this case.

The Court noted that the questions of law framed earlier focused on the admissibility of credit on welding electrodes, especially in light of previous judgments by different High Courts. The Assessee's counsel chose not to press Question No. 3, narrowing down the focus to the admissibility of CENVAT credit on welding electrodes. Given the Division Bench's judgment in a similar matter, the Court ruled in favor of the Assessee and against the Revenue.

Consequently, the Court allowed the appeal, setting aside the Tribunal's order and closing the pending application. No costs were awarded in this decision. The judgment highlighted the importance of relevant case law and precedent in determining the availability of CENVAT credit, ultimately siding with the Assessee based on established legal principles and previous court decisions.