2001 (11) TMI 872 - AT - Central Excise

Summary

Issues:
1. Eligibility of Modvat credit on certain capital goods and inputs.
2. Interpretation of notifications regarding the coverage of capital goods.
3. Classification of Grinding Wheel as a capital good or an eligible input.

Analysis:

Issue 1: The appeal concerns the eligibility of Modvat credit on specific capital goods and inputs. The Commissioner (Appeals) allowed Modvat credit on Hot Tops with APC Powder and Foundry Fluxes and Chemicals, considering them as eligible inputs. The Tribunal upheld the decision regarding Hot Tops with APC Powder based on their use in the manufacturing process and previous rulings. The challenge against Foundry Fluxes and Chemicals' eligibility was dismissed, emphasizing that if goods are not capital goods under Rule 57Q, credit can be allowed if they qualify as inputs under Rule 57A. The remaining items were also discussed, with the appellant's argument based on the prospective effect of certain notifications, which was rejected citing legal precedents.

Issue 2: The appellant contended that items brought under the coverage of capital goods through specific notifications should not qualify as capital goods before the notification dates. However, this argument was dismissed as contrary to the law laid down by the Hon'ble Supreme Court and previous Tribunal decisions. The reliance on Shanmugaraja Spinning Mills case did not support the appellant's stance, as it was deemed not good law based on the Jawahar Mills Ltd. decision upheld by the Supreme Court.

Issue 3: The appellate authority classified Grinding Wheel as a capital good and allowed Modvat credit. However, a Larger Bench ruling established Grinding Wheel as an eligible input under Rule 57A. Consequently, the decision regarding Grinding Wheels was set aside, but credit was to be permitted as inputs under Rule 57A. Ultimately, all grounds raised in the appeal were found untenable, leading to the rejection of the appeal.