2006 (2) TMI 38 - AT - Central Excise

Appeal granted for Cenvat credit on transformer components, essential for performance and compliance.

TRANSFORMERS & ELECTRICALS KERALA LTD. Versus COMMR. OF C. EX. (A), COCHIN

The Tribunal allowed the appeal, overturning the denial of Cenvat credit for items used in manufacturing transformers. It was determined that the items ... Central Excise – Capital goods - Disputed items in question essential for testing and certification and the functioning of the power transformer are eligible to credit Issues:- Denial of Cenvat credit for specific items used in manufacturing transformers.Analysis:The appeal challenged the denial of Cenvat credit for specific items used in manufacturing transformers. The Commissioner (A) confirmed the denial, stating that the items were not used for manufacturing final products under the Centvat Credit Rules, 2002. The appellant argued that the items should be treated as capital goods, citing various judgments where similar items were considered essential for manufacturing and thus eligible for credit. The appellant relied on Tribunal rulings and larger bench judgments to support their claim, emphasizing the necessity of the items for transformer functioning.The learned Representative contended that the items were independently invoiced and not part of the transformers, hence ineligible for credit. However, the appellant presented an opinion from the Senior Manager (QA) stating the essential role of the items in transformer functioning. The Tribunal examined the detailed explanation provided by the Senior Manager (QA), highlighting the integral nature of the items in the transformer systems. The Manager's explanation emphasized the critical role of the items in the transformer's various systems, essential for its performance and compliance with standards.Based on the detailed explanation and analysis of the items' significance in transformer manufacturing, the Tribunal concluded that the items were indeed essential components of the transformers. The integration of these items with other systems formed a complete power transformer, crucial for its performance and testing. The Tribunal found that the items were indispensable for the transformer's guaranteed and expected performance, aligning with the cited judgments and the appellant's arguments. Consequently, the impugned order denying the Cenvat credit was set aside, and the appeal was allowed, recognizing the essential nature of the items in the manufacturing process.