2003 (9) TMI 512 - AT - Central Excise

Summary

Issues: Denial of Modvat credit on specific items - Seamens starter, control cards, counter meter, steel drums.

Seamens Starter and Control Cards:
The issue at hand involved the denial of Modvat credit on Seamens starter and control cards, with the authorities contending that these items were not used for manufacturing, processing, or bringing about a change in any substance for the production of goods. However, the tribunal, after considering the arguments from both sides and the relevant legal precedents, notably the decision in the case of CCE v. Jawahar Mills, concluded that the denial of credit on these items was not justified. The tribunal emphasized that the Apex Court's decision supported the allowance of credit on these items, thereby overturning the initial denial.

Counter Meter:
Regarding the counter meter used for counting the length of optical cables, the tribunal found that this item was integral to the manufacturing process of optical cables produced in running lengths in kilometers. Recognizing the essential role of the counter meter in the production process, the tribunal determined that it qualified as an eligible capital good for which the Modvat credit should not be denied.

Steel Drums:
The denial of Modvat credit on steel drums, categorized as packing material by the authorities, was also challenged. The tribunal clarified that the steel drums were not merely packing material but served the purpose of storing standard cases that needed to be unsheathed to create a cable, which was not the final product. By highlighting the functional role of steel drums in the production process, the tribunal deemed them eligible as capital goods. Consequently, the tribunal set aside the initial order and allowed the appeal, emphasizing the eligibility of the disputed items for Modvat credit based on their integral role in the manufacturing processes and in line with established legal principles.