2001 (9) TMI 1031 - AT - Central Excise

Summary

Issues:
1. Denial of Modvat credit on certain items by the Ld. Commissioner (Appeals).
2. Disallowance of Modvat credit due to credit taken on original invoices.

Analysis:
1. The appeal was filed by M/s. Bindal Industries against the denial of Modvat credit on Polyester resin, caustic soda, wire, cables, controlled panel, S.S. Castings, S.S. Wire, and Indwool ceramic fibre blanket by the Ld. Commissioner (Appeals). The appellant argued that these items are used in the manufacturing process of wires and should be eligible for Modvat credit under Rule 57A/57Q. The appellant also contended that these items could be considered capital goods if not treated as inputs. The Ld. Counsel referred to a previous Apex Court decision to support the claim that wires, cables, and electrical panels are considered capital goods. The Tribunal agreed with the appellant's arguments, allowing Modvat credit on all contested items except for credit taken on original invoices.

2. The Ld. Commissioner (Appeals) disallowed Modvat credit due to the appellant taking credit on original invoices. However, this issue was not pressed before the Tribunal, and no specific order was passed on this matter. The Tribunal refrained from addressing the admissibility of Modvat credit based on original invoices, thereby leaving the decision unchanged.

In conclusion, the Tribunal allowed Modvat credit on most items contested by the appellant, ruling in favor of their eligibility for credit under Rule 57A/57Q and as capital goods based on their use in the manufacturing process of wires. The issue of taking credit on original invoices was not pursued during the hearing, and therefore, no decision was made on this aspect.