2014 (7) TMI 571 - AT - Central Excise

Appeal granted for CENVAT credit on welding materials, aligning with Rule 2(k) of CENVAT Credit Rules.

M/s. Mangalam Cements Ltd. Versus CCE. & ST., Jaipur-I

The Hon'ble Mrs. Archana Wadhwa allowed the appeal, setting aside the order denying CENVAT credit for duty paid on welding electrodes and gases used for ... Denial of CENVAT Credit - Availment of credit on repair and maintenance of plant and machinery - Revenue contends that said activity cannot be held to be an activity associated with the manufacturing process and as such cannot be called as cenvatable input - Whether the appellant is entitled to avail the CENVAT credit of duty paid on welding electrodes and gases used for repair and maintenance of plant and machinery - Held that:- welding electrodes used for repairs and maintenance of plant and machinery would be eligible for Cenvat credit. Moreover, the definition of ‘input’ as given in Rule 2(k) of Cenvat Credit Rules, 2004 covers the goods used ‘in or in relation to manufacture’ of final products, whether directly or indirectly which is a much wider than the expression ‘used in manufacture’. While repair or maintenance by itself is not a process of manufacture, this activity certainly has nexus with manufacture of final product and would be covered by the expression – ‘used in or in relation to manufacture of final product’ as no manufacturing activity is possible with malfunctioning machinery. In view of this, impugned order is not sustainable - Following decision of Sree Rayalaseema Hi-Strength Hypo Ltd. v. CCE & C, Tirupati [2012 (11) TMI 255 - ANDHRA PRADESH HIGH COURT] - decided in favour of assessee. Issues:- Entitlement to CENVAT credit on duty paid for welding electrodes and gases used for repair and maintenance of plant and machinery.Analysis:The central issue in the present case revolves around the entitlement of the appellant to avail the CENVAT credit of duty paid on welding electrodes and gases used for the repair and maintenance of plant and machinery. The lower authorities had denied the credit, arguing that such activities were not associated with the manufacturing process and therefore did not qualify as cenvatable inputs. However, the Hon'ble Mrs. Archana Wadhwa, in her judgment, delved into the settled legal precedent on this matter. She noted that the issue had been previously addressed by the Hon'ble High Court of Chhattisgarh, as well as the High Courts of Rajasthan and Karnataka. Furthermore, the Tribunal had considered a similar issue in the case of Samruddhi Cement Ltd. Vs. C.C.E., Indore, where it was concluded that duty paid on items used for repairs and maintenance would indeed be eligible for CENVAT credit.In the detailed analysis, the judgment highlighted the arguments presented by both sides. The appellant's counsel referenced the favorable judgments of the High Courts of Chhattisgarh and Rajasthan in support of the appellant's position. On the other hand, the learned DR supported the impugned order, citing the contrary view taken by the Hon'ble Andhra Pradesh High Court. Despite the conflicting decisions, Mrs. Archana Wadhwa carefully considered the submissions and legal provisions. She emphasized that the definition of 'input' under Rule 2(k) of the CENVAT Credit Rules, 2004 encompassed goods used 'in or in relation to manufacture' of final products, directly or indirectly. This broad definition, as interpreted by the High Courts of Chhattisgarh, Karnataka, and Rajasthan, supported the eligibility of welding electrodes used for repairs and maintenance for CENVAT credit. The judgment reasoned that while repair or maintenance alone may not constitute a manufacturing process, it is intricately linked to the manufacture of final products, as malfunctioning machinery hinders manufacturing activities. Consequently, Mrs. Archana Wadhwa concluded that the impugned order denying CENVAT credit was unsustainable and set it aside, allowing the appeal.In conclusion, the judgment decisively set aside the impugned order passed by the Commissioner (Appeals) and granted the appeals with consequential relief to the petitioner. The stay petitions and appeals were disposed of accordingly, aligning with the established legal principles and interpretations regarding the eligibility of CENVAT credit for welding electrodes and gases used in the repair and maintenance of plant and machinery.