2007 (11) TMI 477 - AT - Central Excise

Denial of Cenvat credit upheld on some items, but ruled unsustainable on others. Penalty set aside.

The denial of Cenvat credit on Welding Electrodes was upheld based on precedents. However, the denial of credit on Packing Material was deemed ... Cenvat/Modvat - Capital goods Issues:1. Denial of Cenvat credit on Welding Electrodes, plates, Shapers, Shafts, and packing material.Analysis:1. Welding Electrodes: The issue of Cenvat credit on Welding Electrodes was settled in previous decisions of the Larger Bench of the Tribunal. The denial of credit in this case was upheld based on those precedents.2. Packing Material: The appellants used packing material to prevent leakage in pipes during the manufacture of BP sugar and molasses. The Tribunal found that the packing material served as mechanical seals to prevent heat and liquid leakage, making the denial of credit unsustainable.3. Shafts: The credit for shafts was denied as they were classified under a tariff heading not included in the definition of capital goods. However, since the shafts were used as parts of a mill, which falls under the definition of capital goods, the denial of credit was deemed unsustainable.4. Plates and Shapers: Plates and shapers were used as raw material for the fabrication of components and specified goods used in the manufacture of excisable goods. The Commissioner (Appeals) acknowledged that these items were raw materials for capital goods, making the denial of credit unsustainable as per the definition of inputs.5. Penalty: Regarding the penalty imposed for the denial of credit on welding electrodes, since the Larger Bench had already settled the issue, it was determined that the penalty was not warranted. Therefore, the penalty was set aside.6. The appeal was disposed of based on the above analysis, with the decisions on each issue outlined and the reasons for upholding or setting aside the denial of credit clearly stated.