2006 (10) TMI 40 - AT - Central Excise

Cenvat/Modvat - Inputs for capital goods by themselves may be capital goods but combination of all such inputs are put in the category of existing capital goods - Credit not to be denied as inputs

Summary

Issues:
Appeal against denial of Modvat credit and imposition of penalty on the appellants for availing Modvat credit on items used in manufacturing picture tubes, specifically bricks, jointing cement, and other materials.

Analysis:
The appellant, a manufacturer of picture tubes, installed a furnace using inputs like bricks, jointing cement, etc., on which Central Excise duty was paid, availing Modvat credit during April to August 2001. Revenue issued a show cause notice to deny 50% of the Modvat credit, considering refractory materials as capital goods. The appellant contended that these items were inputs for furnace manufacturing within the factory premises. The adjudicating authority and Commissioner (Appeals) upheld the denial and penalty imposition.

The appellant had filed a classification declaration under Rule 173-B for furnace fabrication, stating its use within the factory for manufacturing dutiable final products. Rule 57-AA of Central Excise Rules defined capital goods and inputs, including refractories and refractory materials. Explanation 2 clarified that inputs used in manufacturing capital goods are considered inputs, even if mentioned as capital goods. The appellant declared using bricks, jointing cement, etc., as inputs for furnace manufacturing, justifying Modvat credit availed.

The judgment highlighted that inputs used in manufacturing capital goods, such as a furnace, qualify as inputs despite being classified as capital goods. The combination of inputs creates capital goods, supporting the appellant's claim for Modvat credit. The impugned order denying Modvat credit was set aside, allowing the appeal in favor of the appellants.

In conclusion, the judgment favored the appellants, emphasizing the eligibility of inputs used in manufacturing capital goods for Modvat credit. The detailed analysis of rules and declarations supported the decision to overturn the denial of Modvat credit and penalty imposition.