2015 (9) TMI 147 - HC - Central Excise

Dismissal of appeal on welding electrodes' credit denial under Central Excise Tariff

The High Court dismissed the appeal concerning the denial of credit on welding electrodes under the Central Excise Tariff. The appellant's failure to ... Denial of CENVAT Credit - Whether the Tribunal has committed an error of law in denying the credit on welding electrodes solely on the ground that they are classified under Heading 83 of Central Excise Tariff which is not covered under the definition of Capital Goods - Held that:- Question formulated, in fact does not arise at all in the present appeal, since appellant did not press it before the Tribunal and it has been decided accordingly by the Tribunal against it. Even otherwise, in view of this Court’s judgment in M/s. Upper Ganges Sugar & Industries Ltd. v. Commissioner Customs & Central Excise (2015 (5) TMI 569 - ALLAHABAD HIGH COURT), the question has to be answered on merits also, against the appellant. - Decided against assessee. Issues involved:1. Denial of credit on welding electrodes under Central Excise Tariff.2. Pressing of claim for Modvat credit on welding electrodes.3. Qualification of welding electrodes for Modvat credit as capital goods.Analysis:Issue 1: Denial of credit on welding electrodes under Central Excise TariffThe High Court addressed the issue of denial of credit on welding electrodes under the Central Excise Tariff. The Tribunal had denied the credit on welding electrodes, citing that they are classified under Heading 83 of the Central Excise Tariff, which is not covered under the definition of Capital Goods. The appellant did not press its claim for Modvat credit on welding electrodes before the Tribunal, and hence, it was not accorded. The Tribunal's decision was based on previous rulings, indicating that Modvat credit on such goods is not available to the assessee.Issue 2: Pressing of claim for Modvat credit on welding electrodesThe High Court noted that the appellant did not press its claim for Modvat credit on welding electrodes before the Tribunal, which resulted in the denial of the credit. The Tribunal's decision was influenced by the law laid down in a previous case, where it was ruled that Modvat credit on welding electrodes is not available to the assessee. This non-pressing of the claim had a significant impact on the outcome of the case.Issue 3: Qualification of welding electrodes for Modvat credit as capital goodsThe High Court referred to a recent judgment in Central Excise Appeal, where the qualification of welding electrodes for Modvat credit as capital goods was examined. The Court had ruled in favor of the Revenue and against the Assessee in that case. The High Court concluded that the question of whether welding electrodes qualify for Modvat credit as capital goods does not arise in the present appeal, as the appellant did not press it before the Tribunal. Additionally, the Court's previous judgment further supported the denial of the credit on merits against the appellant.In light of the above analysis, the High Court dismissed the appeal, considering the non-pressing of the claim for Modvat credit on welding electrodes and the previous judgment that ruled against the Assessee regarding the qualification of welding electrodes for Modvat credit as capital goods.