2012 (10) TMI 644 - AT - Central Excise

Appellate Tribunal CESTAT: Pre-deposit 30% duty, claim cenvat credit with nexus to manufacturing process

The Appellate Tribunal CESTAT, New Delhi, directed the appellants to make a pre-deposit of 30% of the duty demanded within six weeks for the admission of ... Waiver of pre-deposit - Denied cenvat credit for duties paid on paints and varnishes used by them for painting the pipelines in their sugar factory – Held that:- Repairing activity in any possible manner cannot be called as a part of manufacturing activity in relation to production of end product - paints and varnishes are also used only for maintenance of plant and machinery - appellants are ordered to make a pre-deposit of 30% of the duty demanded Issues: Denial of cenvat credit for duties paid on paints and varnishes used for painting pipelines in a sugar factory.Analysis:The judgment by the Appellate Tribunal CESTAT, New Delhi, involved the denial of cenvat credit to the appellants for duties paid on paints and varnishes used in painting pipelines in their sugar factory. The Revenue contended that there was no direct nexus between the paints and the manufacturing of sugar. The Counsel for the appellants cited precedents in similar cases to support their argument. However, the learned AR for Revenue referred to a decision by the Hon'ble Supreme Court in the case of Grasim Industries Ltd Vs Union of India, emphasizing the distinction between repair and maintenance activities and the actual manufacturing process. The AR argued that paints and varnishes were used solely for maintenance purposes, similar to the scenario discussed in the Supreme Court judgment regarding scrap materials not directly contributing to the manufacturing process of the end product.The Tribunal, in light of the arguments presented, directed the appellants to make a pre-deposit of 30% of the duty demanded within six weeks for the admission of the appeal. Upon such pre-deposit, the balance of the dues from the impugned order would be waived, and there would be a stay on the collection of those dues during the appeal's pendency. The compliance deadline was set for 21.3.2012, with the order being dictated and pronounced in the open Court. The judgment highlighted the importance of establishing a direct nexus between the input materials, such as paints and varnishes, and the actual manufacturing process to claim cenvat credit effectively.