2008 (1) TMI 194 - AT - Central Excise

Tribunal allows Cenvat credit on PVC pipes for water transport outside factory premises

The Tribunal affirmed the Commissioner's decision allowing the assessee to avail Cenvat credit on PVC pipes used to transport water from outside the ... Comm (A) held that the assessee is entitled to avail credit on “Pipes” which were used to bring water from outside the factory premises – assessee plea that water is essential for their manufacture of final products, is acceptable – revenue’s contention that pipes were used outside the factory premises so can’t be considered as ‘used for mfg. process’, is not acceptable – tribunal’s Larger Bench has allowed credit in case of Pepsico India Holdings Ltd, is also applicable to present case Issues:1. Entitlement to avail Cenvat credit on pipes used to bring water from outside the factory premises.Analysis:The issue in this case revolves around the entitlement of the assessee to avail Cenvat credit on pipes used to transport water from outside the factory premises. The Commissioner (Appeals) allowed the credit, emphasizing the essential nature of water for the manufacturing process and the direct connection of the pipes to the factory for water delivery. The Commissioner distinguished previous decisions where credit was denied for capital goods installed outside the factory without direct connectivity to the premises. By applying the Tribunal's decision in a relevant case, the Commissioner concluded that the PVC pipes in question could be considered part of the factory under the definition of precincts provided in Section 2(e) of the Act. The adjudicating authority did not provide any other grounds for denying the credit on the PVC pipelines.The Revenue, dissatisfied with the Commissioner's decision, argued that since the pipes were used outside the factory premises, they could not be considered as being 'used for the manufacturing process.' However, the Tribunal, after careful consideration and review of the impugned order, upheld the Commissioner's decision. The Tribunal highlighted the essential role of water in the manufacturing process, citing a previous Larger Bench decision. The Tribunal found no merit in the Revenue's appeal and consequently rejected it.In conclusion, the Tribunal affirmed the Commissioner's decision to allow the assessee to avail Cenvat credit on the pipes used to transport water from outside the factory premises. The judgment underscores the importance of the direct connection of such essential materials to the manufacturing process and aligns with previous legal interpretations regarding the definition of precincts under the Act.