2002 (12) TMI 488 - AT - Central Excise

Summary

Issues:
1. Eligibility of Modvat credit on Nalcool and Unprocessed Polyester Polyside Fabric under Rule 57Q.
2. Eligibility of spares/components of capital goods for Modvat credit.

Issue 1: Eligibility of Modvat credit on Nalcool and Unprocessed Polyester Polyside Fabric under Rule 57Q:

In Appeal No. E/146/02, the issue was whether Modvat credit on Nalcool and Unprocessed Polyester Polyside Fabric is admissible. It was found that Nalcool was used for de-mineralizing water in DG sets, not for cement production, making it ineligible. However, the fabric was used in air slides for cement transportation, considered a capital goods part, thus eligible for credit.

Issue 2: Eligibility of spares/components of capital goods for Modvat credit:

In Appeal No. E/147/2002, the question was the eligibility of spares/components of capital goods for Modvat credit. Items like Felt Seal, Pressed Wool Felt, Rubber Seal Ring, SMC Sheet Ele. Grade, Nitobond, Base, Hardener, Nalcool-2000, and Shalplast - P Liner were analyzed. The judgment concluded that Nalcool-2000 was not eligible due to its use in maintaining DG engine sets, not in production. The other items were initially denied credit based on their classification but were found eligible as they were essential parts of the cement mill capital goods.

Detailed analysis of the individual items revealed that Felt Seal, Pressed Wool Felt, Rubber Seal Ring, SMC Sheet Ele. Grade, Nitobond, Base, Hardener, and Shalplast - P Liner were all integral parts of various machinery components in the cement manufacturing process, making them eligible for Modvat credit.

In conclusion, the judgment determined the eligibility of Modvat credit for the items in the appeals, with Nalcool being ineligible due to its specific use, while the other components and spares were found eligible as essential parts of the capital goods in the manufacturing process. Both appeals were disposed of based on these findings.