2015 (10) TMI 2397 - AT - Central Excise

Appeal allowed for cenvat credit denial on capital goods used in manufacturing.

Primo Pick N Pack Ltd. Versus CCE & ST, Bhopal

Primo Pick N Pack Ltd. Versus CCE & ST, Bhopal - TMI Issues:Challenge to denial of cenvat credit on capital goods.Analysis:The appellant, engaged in manufacturing HDPE woven bags, challenged the denial of cenvat credit on a hydraulic bale press machine. The dispute arose as the machine was used in another premises temporarily, besides the factory. The appellant argued that due to space constraints in the factory, the machine was shifted to a nearby premises for stitching bags. The movement was covered by challans and goods were returned within 180 days. The appellant contended that no job work was done, and they were eligible for the credit. The Department contended that the premises should be registered if job work was conducted there.The Commissioner (Appeals) noted that the appellant used the nearby premises due to space shortage, and no job worker was involved in the finishing process. As the movement of goods was under challans and no suppression was alleged, the Cenvat Credit Rules did not apply. The machine was used for the appellant's manufacturing activities, and there was no justification for denying credit. Citing relevant case laws, the judgment emphasized that as long as the capital goods were used for manufacturing final products within the appellant's units, credit cannot be denied. Considering no suppression of facts and proper documentation of the machine's movement, the Tribunal held that the cenvat credit cannot be denied.In conclusion, the appeal challenging the denial of cenvat credit on capital goods was allowed based on the appellant's genuine use of the machine for manufacturing activities, absence of fraud or suppression, and compliance with documentation requirements.