2009 (10) TMI 799 - AT - Central Excise

Tribunal denies CENVAT credit for materials in factory-shed fabrication

The Tribunal allowed the Revenue's appeal, setting aside the lower appellate authority's decision to grant CENVAT credit to the respondent for materials ... - Issues:Challenge to grant of CENVAT credit for certain items held as capital goods.Analysis:The department challenged the grant of CENVAT credit to the respondent by the lower appellate authority for items considered capital goods. The original authority found that the respondent wrongly availed CENVAT credit on specific materials and used it for duty payment on final products. Consequently, a duty demand of Rs. 3,98,173/- was confirmed against the respondent, along with a penalty of equal amount. The Commissioner (Appeals) set aside the adjudication order, leading to the Revenue filing the present appeal.The appellant argued that the materials in question, used for the fabrication and erection of a factory-shed for a new plant, do not fall under the definition of 'capital goods' as per Rule 2(a) of the CENVAT Credit Rules, 2004. The appellant contended that these materials, falling under Chapter 72/73 of the Central Excise Tariff, cannot be considered capital goods or components, spares, or accessories of such goods. The appellant cited precedents and emphasized that the materials were not part of any machinery installed in the factory. On the other hand, the respondent claimed that the materials were used for a reactor, considered capital goods under Rule 2(a)(A) of the CENVAT Credit Rules, 2004, and should be seen as components of capital goods.The Tribunal noted that the precedents cited by both parties were not directly relevant to the current case, as they pertained to different rules. The key question was whether the materials used by the respondent for fabrication work qualified as capital goods under Rule 2(a) of the CENVAT Credit Rules, 2004. The Tribunal examined the definition of capital goods under the rule and found that the materials in question did not fall within any category specified. The Tribunal observed that the lower appellate authority had erred in applying the erstwhile Rule 57Q and related Tribunal decisions to assess the CENVAT eligibility of the materials.Given the lack of applicable case law, the Tribunal decided the issue based on statutory provisions. It held that the materials used by the respondent did not meet the criteria to be considered capital goods under Rule 2(a)(A) of the CENVAT Credit Rules, 2004 for the relevant period. Consequently, the impugned order was set aside, and the appeal by the Revenue was allowed.