2013 (9) TMI 615 - AT - Central Excise

Tribunal excludes structural items from capital goods classification under CENVAT Credit Rules

The Tribunal ruled that the structural items used for fabricating supporting structures were not classified as capital goods under Rule 2(a) of the CENVAT ... Cenvat Credit - Capital goods under Rule 2(a) of Cenvat Credit Rules, 2002 - CENVAT credit on structural items viz. plates, beams, angles, channels, joists etc. for fabricating structural support to machinery – whether the structural items could be considered as capital goods – Held that:- Relying upon the judgment in the case of Saraswati Sugar Mills [2011 (8) TMI 4 - SUPREME COURT OF INDIA ], wherein it was held that in the light of the meaning of the expression component parts that the iron and steel structures are not essential requirements in the sugar manufacturing unit. Anything required to make the goods a finished item can be described as component parts. Iron and steel structures would not go into the composition of vacuum pans, crystallizers etc. If an article is an element in the composition of another article made out of it, such an article may be described as a component of another article – Also, the case of Rajasthan Spinning & Weaving Mills [2010 (7) TMI 12 - SUPREME COURT OF INDIA] and held in favour of the assessee on a similar issue vide Final Order No.616/2011 ibid will not be applicable as the apex court’s decision dt. 02/08/2011 in Saraswati Sugar Mills case [2011 (8) TMI 4 - SUPREME COURT OF INDIA] was not brought to the notice of this Bench when the said Final Order was passed on 23/09/2011 [2013 (7) TMI 494 - CESTAT BANGALORE] – Appeal allowed – Decided in favor of Revenue. Issues:- Classification of structural items as inputs or capital goods under Rule 2(k) and Rule 2(a) of the CENVAT Credit Rules, 2004.- Interpretation of whether the structural items used for fabricating supporting structures qualify as capital goods under Rule 2(a)(iii).- Comparison of decisions in Vandana Global Ltd. Vs. CCE, Raipur and Saraswati Sugar Mills Vs. CCE, Delhi-III regarding the classification of structural items.- Analysis of whether the structural items can be considered components, spares, or accessories of machinery for CENVAT credit eligibility.Detailed Analysis:1. The appeal involved a dispute regarding the classification of structural items used by the respondent in manufacturing paper and paperboard as inputs or capital goods under the CENVAT Credit Rules, 2004. The Commissioner(Appeals) had allowed the appeal, considering the structural items as inputs under Rule 2(k) of the CCR, which was challenged by the Department.2. The central issue revolved around whether the structural items could be deemed as capital goods under Rule 2(a)(iii) of the CCR. The original authority had rejected the claim of the respondent, leading to the appeal. The Tribunal examined various precedents and legal provisions to determine the eligibility of the structural items for CENVAT credit.3. The Tribunal referred to the definitions under Rule 2(a) of the CCR, specifically focusing on the classification of the structural items as components, spares, or accessories of machinery. The arguments presented by both parties highlighted the importance of this classification in determining the eligibility for CENVAT credit.4. The Tribunal considered the decisions in Vandana Global Ltd. Vs. CCE, Raipur and Saraswati Sugar Mills Vs. CCE, Delhi-III to draw parallels and distinctions in the interpretation of whether the structural items could be considered as capital goods. The relevance of these judgments in the context of the present case was thoroughly analyzed.5. Ultimately, the Tribunal concluded that the structural items used for fabricating supporting structures did not qualify as capital goods under Rule 2(a) of the CCR. By aligning with the apex court's ruling in Saraswati Sugar Mills case, the Tribunal set aside the Commissioner(Appeals) decision and allowed the appeal filed by the Department, restoring the original authority's order for recovery of CENVAT credit and penalties.6. The detailed analysis provided insights into the legal interpretation of the CENVAT Credit Rules, 2004, and the application of precedents to determine the classification of structural items in the manufacturing process. The judgment highlighted the significance of proper classification for claiming CENVAT credit and upheld the decision based on established legal principles and precedents.