2017 (9) TMI 17

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.... 3. Revenue pleads that welding electrodes, are neither capital goods, nor inputs and therefore, they are not eligible for CENVAT credit. On the other hand, the assessee-respondent pleads that welding electrodes are used in the factory for fabrication and are part of manufacturing process either as capital goods or inputs; therefore these are eligible for claiming CENVAT credit. 4. After careful consideration of the facts of the case and the submissions made by both sides, it appears that welding electrodes are playing important part in the manufacturing process of the respondent-assessee. Thus, I am of the considered view that welding electrodes are eligible for CENVAT credit as input as per Rule 2(k) of CENVAT Credit Rules, 2004. On....

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.... above order of Kolkata Tribunal has been further dismissed and therefore, the view taken in Jaypee Rewa Plant is impliedly affirmed by the Supreme Court. We are unable to accept the aforesaid argument as we find that SLP against the decision of Kolkata Tribunal in SAIL has been summarily dismissed without any speaking order, whereas the Rajasthan High Court in Hindustan Zinc Ltd., after considering the Larger Bench decision of the Tribunal in Jaypee Rewa Plant, has observed that the matter has been decided by selectively referring to the decision of the Supreme Court in J.K. Cotton's case, and decided the matter by omitting the very significant continuing next sentence. Paras 11 & 12 of Hindustan Zinc Ltd. have already been reproduced i....