2002 (2) TMI 1181 - AT - Central Excise

Summary

Issues:
1. Eligibility of rubber sheets and adhesives for Modvat credit as capital goods.
2. Eligibility of cables with trays as capital goods based on actual production or processing use.
3. Classification of FRP Scrubber as a component part of HCL Synthesis Unit for capital goods benefit.

Issue 1: Eligibility of rubber sheets and adhesives for Modvat credit as capital goods:
The Commissioner (Appeals) determined that rubber sheets and adhesives (CSH 4008.29 and 3506.00) are essential for the manufacturing process of final products like Caustic soda, Chlorine, and Hydrogen. The tanks are rubber-lined to prevent iron pick-up from corrosive brine solutions, ensuring raw material purity. The Commissioner held these items as capital goods eligible for Modvat credit. The Tribunal noted that this issue was previously decided in favor of the appellant and rejected the Revenue's appeal, citing precedents.

Issue 2: Eligibility of cables with trays as capital goods based on actual production or processing use:
The Revenue argued that cables with trays were not directly used in production but for power supply regulation. However, referring to a Supreme Court judgment in CCE v. Jawahar Mills Ltd., the Tribunal upheld that cables are eligible as capital goods. The Tribunal dismissed the Revenue's appeal against the Commissioner's decision on this point.

Issue 3: Classification of FRP Scrubber as a component part of HCL Synthesis Unit for capital goods benefit:
The Revenue contended that the FRP Scrubber was not a component part of the HCL Synthesis Unit, serving an independent function in the HCL plant. The Commissioner (Appeals) found the FRP Scrubber to be an active component of the manufacturing process, integral to the production of Hydrochloric acid. Relying on the Apex Court's definition of capital goods, the Tribunal confirmed the FRP Scrubber's eligibility, as it played a crucial role in the manufacturing process. The Tribunal upheld the Commissioner's decision, rejecting the Revenue's appeal.

In conclusion, the Tribunal affirmed the eligibility of rubber sheets, adhesives, cables with trays, and FRP Scrubber as capital goods for Modvat credit, based on their essential roles in the manufacturing processes of the final products. The judgments cited and the detailed analysis of each item's function and contribution to production supported the decisions made by the Commissioner (Appeals), ultimately leading to the rejection of the Revenue's appeals on all disputed items.