2002 (3) TMI 776 - AT - Central Excise

Summary

Issues:
1. Denial of Modvat credit on gunny bags.
2. Denial of Modvat credits on parts of turbine.
3. Imposition of penalty.

Analysis:

Issue 1: Denial of Modvat credit on gunny bags
The appellant contested the denial of Modvat credit of Rs. 1,37,760/- on gunny bags, arguing that gunny bags were eligible inputs under Rule 57A. The Tribunal examined the definition of "inputs" during the material period and found that packaging materials like gunny bags were included within the meaning of the term. However, the Central Government, through Notification No. 5/94-C.E. (N.T.), restricted the benefit of Modvat credit to specified inputs, excluding goods falling under Chapter 63, which included gunny bags. The Tribunal upheld the denial of Modvat credit on gunny bags, emphasizing the legislative intent behind the Notification and ruling that the lower appellate authority was correct in denying the credit.

Issue 2: Denial of Modvat credits on parts of turbine
The denial of Modvat credits of Rs. 1,999/- and Rs. 4,868/- on turbine parts was based on the grounds that these parts were not considered capital goods under Rule 57Q during the material period. The appellant argued that the turbine parts were covered by the amended definition of "capital goods" under Rule 57Q and cited a previous judgment in their favor. However, the Tribunal noted that Modvat credit is not admissible for capital goods installed outside the factory premises as defined under the Central Excise Act. As the power house where the turbine parts were installed was not part of the factory, the denial of Modvat credits on turbine parts was upheld.

Issue 3: Imposition of penalty
The Tribunal acknowledged that the penalty of Rs. 10,000/- imposed on the appellant was excessive given the circumstances of the case. Consequently, the penalty was reduced to Rs. 8,000/-.

In conclusion, the Tribunal upheld the impugned order, with the modification of reducing the penalty. The appeal was disposed of accordingly.