Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  Dept. Can’t Classify Product as Zarda Scented Tobacco After Repeatedly Approving It As Chewing Tobacco: CESTAT *  Mere Uploading Of GST Order On Portal Is Not “Valid” Service: Tripura HC *  CGST Can Proceed Even If SGST Closed Similar Case Earlier: Delhi HC *  SC upholds 28% GST on online gaming with retrospective effect. *  West Bengal Govt cuts E-way Bill Threshold limit to Rs. 50,000 for intra-state goods movement. *  Criminal Prosecution Under Central Excise Act Can’t Continue After CESTAT Sets Aside Duty Demand on Merits: Punjab & Haryana High Court. *  Madras High Court Quashes GST Assessment Orders for Denial of Personal Hearing; Remands Matter Subject to 10% Deposit *  Ex Parte GST Order: Madras High Court Directs Immediate Removal of Bank/ITC Attachment Upon 25% Deposit *  J.K. Cement Receives GST Demand Order of Rs 8,02,113/- from Ahmedabad Tax Authority *  Delhi Police EOW Busts Alleged Rs. 128 Crore GST Fake Invoice Network. *  REPLY TO SCN CAN’T BE TREATED AS “EMPTY FORMALITY”: ORISSA HIGH COURT QUASHES GST DEMAND OF RS. 57.30 LAKH *  Challenge to CGST Provisions restricting ITC to Bonafide Purchasers : Allahabad HC issues notice *  CBIC Notifies Revised Customs Tariff Values for Edible Oils, Gold, Silver, Brass Scrap and Areca Nuts *  Delhi HC Orders Removal of GST Attachment After Statutory 1 Year Period Expired *  GSTAT Extends Relaxed Appeal Filing Guidelines till December 31, 2026 *  AO fails to Provide Import - Export Data from DGFT to Taxpayer for Reconciliation *  Gold, Silver Imports To Get Costlier As Govt Raises Customs Duty To 10%  *  GSTAT Enables Pre-Payment Access to Document Upload and Checklist for GST Appeal Filing *  GST Portal Restrictions Can’t Override Statute: Gujarat HC Allows Cross-State Transfer Of CGST ITC After Amalgamation *  Centre Revises HS Codes for Large Diameter Steel Pipes Used in Oil & Gas Pipelines *  Customs Duty Liability Arises On Warehouse Clearance Date: Supreme Court *  Government lifts export ban on de-oiled rice bran *  CESTAT Grants 12% Interest on Pre-Deposit for Investigation from Date of Deposit till Refund and Denies Interest on Interest. *  Government Overhauls GST Classification Framework for Non-Alcoholic Beverages; Fruit Juice Drinks, Milk-Based Beverages and Caffeinated Drinks to Attract Revised 5% and 40% GST Rates from May 1, 2026 *  India’s gross GST collections hit a record Rs 2.42 lakh crore in April, up 8.7% *  Customs clearance stalled, revenue hit over MRP dispute *  Shipping Corporation explores Middle East routes as Hormuz tensions disrupt cargo movement *  India, Kenya signs MoU for exchange of pre-arrival customs information *  No demand of Taxes under Reverse Charge if Tax Already Discharged by Service Provider under forward charge *  The India-New Zealand Free Trade Agreement, signed "once-in-a-generation" deal that eliminates tariffs on 100% of Indian exports to New Zealand
Subject News *  Consignment Sales Can’t Be Reclassified as Inter-State Sales Based on Pre-Agreement Evidence: CESTAT *  Exporter Can’t Be Denied Advance Authorization Benefit Due To ICEGATE Technical Glitch: Delhi High Court *  No GST Demand For Mere Wrong Set-Off Of IGST Credit Under CGST And SGST Heads: Kerala HC. *  Cenvat Credit Can’t Be Denied on Input Services Having Nexus With Manufacturing Activities: CESTAT *  Pending Proceedings Can’t Survive Without Saving Clause: Calcutta High Court Quashes GST Demand of Rs. 6.28 Crore After Omission of Rule 96(10) *  Madras HC Quashes GST Demands on TASMAC (Tamil Nadu State Marketing Corporation) Bar Licence Fee *  GST Proceedings Cannot Survive Omitted Rule Without Saving Clause: Calcutta HC *  Provisional Release Can’t Be Denied Solely On Dept. Suspicion Of Misclassification And Undervaluation Of Imported Goods: CESTAT *  Businesses Should Not Be Kept Outside GST Regime Without Due Process: Gauhati High Court *  Punjab & Haryana HC Directs Reconsideration of Contractors’ Claim for Additional GST Payment After Tax Rate Hike From 12% to 18% *  S. 108 Statements Can’t Be Sole Basis Without Following Section 138B Procedure: CESTAT *  Bombay High Court Frames Key Questions on Mandatory Distribution of ITC U/s 20 CGST Act *  Filing of Annexure-B for Refund Applications involving Accumulated ITC using the offline utility in GST portal: GSTN *  No Service Tax on Parent Company’s Un-Invoiced Cost Allocations Without Actual Service or Consideration: CESTAT  *  Calcutta High Court Upholds GST Classification of Polypropylene Leno Bags as Plastic Products *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  GSTAT Issues Major Bench Allocation Framework; All Appeals to First Go Before Division Bench *  ITC Blocking Without Reasoned Order Violates Rule 86A; Punjab & Haryana HC Directs Release of Credit *  Allahabad HC Refuses Bail to CGST Superintendent In Rs. 70 Lakh Bribery Case *  S.130 Can’t Be Invoked Without Prior Tax Determination U/s 73/74: Allahabad High Court Quashes GST Confiscation Proceedings *  SC grants Bail to Rs 54cr GST case  *  Karnataka HC Sets Aside Duplicate GST Orders, Orders Fresh Hearing on GSTIN Cancellation *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  Transfer Of Unutilized ITC After Amalgamation - Supreme Court Issues Notice *  PUNJAB & HARYANA HC QUASHES GST CANCELLATION NOTICE FOR FAILURE TO PROVIDE CBIC ENQUIRY REPORT *  LICENSE FEE, TECHNICAL ASSISTANCE CHARGES NOT INCLUDIBLE IN CUSTOMS VALUE UNLESS THEY ARE A CONDITION OF SALE: CESTAT *  DELHI HC ORDERS REMOVAL OF GST ATTACHMENT AFTER STATUTORY 1 YEAR PERIOD EXPIRED *  CUSTOMS BROKER CAN’T BE FAULTED JUST BECAUSE EXPORTER’S GST REGISTRATION WAS PREVIOUSLY CANCELLED: CESTAT   *  Supreme Court Dismisses Review Plea Against Delhi HC Ruling Holding Real Operator Behind Fake GST Firms Liable As ‘Taxable Person  *  GST Appeal Can’t Be Rejected Merely Because DRC-07 Was Not Uploaded On Portal: Bombay High Court  

Comments

Print   |    |  Comment

PJ/Case Law/2013-14/1840

Whether availment of credit on Tor steel, cement, bars and angles which is used in manufacturing Furnace that is capital goods proper?

Case:-COMMISSIONER OF C. EX., INDORE VERSUS HOTLINE GLASS LTD.

Citation:-2007(210) E.L.T. 69 (Tri.-Del.)

Brief Facts:-This appeal is directed against the order-in-appeal dated 27th May 2003 which set aside the order in original wherein Modvat credit was denied to the respondent.

The relevant fact that arise for consideration are that the respondent availed Modvat credit on the various capital goods received by the respondent during the setting up of their factory for manufacture of panels and picture tubes. The revenue disputed the availment of the credit and issued a show cause notice for the denial of the Modvat credit on such capital goods. Adjudicating authority denied Modvat credit and also imposed penalty.

On an appeal the learned Commissioner (Appeals) allowed the appeal after considering the detailed chart that indicated the usage of the capital goods by the respondent in their factory. The revenue is in appeal only against a small portion of credit on the Tor steel, cement and bars and angles.
 
Appellant Contentions:-The Appellant submitted that the bulk of credit on other capital goods is not disputed by them but the credit on Tor steel and cement and bars and angles is not available to respondent as these items are used for the construction purposes. It is his submission that issue of credit on Tor steel and cement is now settled by the division bench of the tribunal in the case of Indo Rama Synthetics (I) Ltd. v. CCE, Nagpur as reported at 1996 (86) E.L.T. 277.
 
Respondent Contentions:-The respondent submitted that in the manufacture of Furnace, they used Tor steel and cement and bars and angles, which is required for the melting of glass. It is his submission that the order of learned Commissioner (Appeals) is correct and has followed the law settled by the tribunal in the case. He relies upon the decision of the tribunal in the case of CCE, Trichy v. India Cements as reported at 2004 (175) E.L.T. 476 and other decisions.
 
Reasoning of Judgment:-We have considered the submissions made by both sides and perused the records. The dispute is regarding the benefit of Modvat credit on the items, which were used for the manufacture of Furnace. It is not in dispute that the Tor steel, cement and bars and angles were used for the manufacture of ‘Furnace’. It is also not in dispute that the respondent uses Furnace for melting the inputs used for manufacture of his final products, Picture tubes. Tribunal found that the learned Commissioner (Appeals) has come to the conclusion that the input credit, that is being disputed, were utilized for the manufacture of capital goods, which used in or in relation to the manufacture of the final products. It is also seen that the revenue is not able to show from records that the disputed inputs were utilized for construction of sheds or office building etc. In the absence of any contrary evidence, findings of the learned Commissioner (Appeals) are to be upheld. It is also seen from records that the detailed chart indicating the usage of the disputed inputs was produced before the lower authorities and was accepted.
 
On the perusal of the case law relied upon by the learned SDR it is noticed that in that case the Tribunal has at the time of hearing of stay application held that steel and cement cannot be held as inputs. As against that, the tribunal’s later decision in the case of India Cements (supra) is directly on the point. The Tribunal in the said decision has held as under:
 
“We have considered the rival submissions and the judgments pressed into service and are of the considered opinion that rebar coils, CTD bars, TOR steel, joists and cement have been used for construction of the plant comprising of concrete foundations, concrete silos for storing raw materials, clinker and cement, Pr-heater Tower Structure, Load Centres, etc. The appellant-assessee have emphasized and confirmed that they had not availed of the credit of duty in respect of that quantity of Rebar Coils, CTD bars, TOR Steel, Joists and Cement which were used for civil construction of their office premises, godown etc. It is now well settled legal position and the Apex Court in the case of CCE v. Jawahar Mills Ltd., 2001 (132) E.L.T. 3 (S.C.) has held that the language used in Explanation (1) of Rule 57Q is very liberal and the capital goods can be machines, machinery, plant, equipments, apparatus, tools or appliances, the components spare parts and accessories thereof. The various decisions cited by the learned Advocate and learned Consultant for the appellant-assessee confirm the eligibility to credit in respect of steel structure and various building materials and items such as Rebar coils, CTD bars, TOR steel, Joists and Cement when used as structural support or in foundation of machineries etc. and therefore, these citations are squarely applicable to the facts of their case.”
 
We are not in a position to countenance the plea taken by the learned JDR appearing on behalf of the Revenue. Respectfully, following the ratio of the said decision cited supra on the discussion, we are of the considered opinion that the credit would be admissible on Rebar coils, CTD bars, TOR steel, joist and cement. We therefore, allow the appeal filed by the appellant-assessee.”
 
It can be noticed that Modvat credit on cement and tor steel used for construction of silos for storing raw material, was allowed. It was submitted by the learned advocate that decision in the India cements case is not challenged by the revenue. If that be so, in the present case, tor steel and cement were used by the respondent for the manufacture of ‘Furnace’, which even by common knowledge is capital goods and inherent requirement of a factory manufacturing glass items.
 
Accordingly, in the facts and circumstances of the case, respectfully following the decision of division bench in the case of India Cements Ltd. (supra) the impugned order does not require any interference and is correct and needs to be upheld.
 
Decision:-Revenue’s appeal is dismissed.

Comment:-The essence of this case is that credit on Tor steel and cement and bars and angles for manufacturing of Furnace which was treated as capital goods was allowed by relying upon the case ofCCE, Trichy v. India Cements. It was held that the inputs used in manufacturing furnace that was capital goods for factory manufacturing glass items is admissible as it is directly related to the manufacturing activity of the assessee.
 

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com