2002 (5) TMI 651 - AT - Central Excise

Summary

Issues:
Appeal against order allowing Modvat credit for M.S. Storage Tanks.

Analysis:
The Revenue appealed against the order granting Modvat credit for M.S. Storage Tanks. The Revenue argued that the tanks did not qualify as specified capital goods under Rule 57Q of the Central Excise Rules, which limited the benefit of Modvat credit. The respondents contended that a previous case had held storage tanks as capital goods. The appellants, engaged in manufacturing glass bulbs and tube lights, claimed Modvat credit in December 1998 under the definition of capital goods in Rule 57Q, which had undergone several changes. The Rule specified various categories of goods eligible for credit, excluding storage tanks under heading 7311.00 of the Central Excise Tariff.

The Rule outlined the applicability of Modvat credit to specific goods used in manufacturing final products. It detailed the categories of capital goods eligible for credit, excluding storage tanks. Manufacturers could utilize the credit for excise duty payment on final products. The Rule also restricted credit for certain capital goods received before March 1, 1997, and required certification for installation or use of capital goods. Additionally, it allowed credit upon removal of capital goods for home consumption or export after payment of appropriate excise duty.

The judgment emphasized that storage tanks under heading 7311.00 were not considered specified capital goods under the relevant Rule for December 1998. The reliance on a previous case was deemed irrelevant due to changes in the definition of capital goods. Consequently, the Revenue's appeal was allowed, denying Modvat credit for the storage tanks.