2003 (4) TMI 416 - AT - Central Excise

Summary

Issues:
Admissibility of Modvat credit on certain chemicals used as coating material for storage tanks.

Analysis:
The appeal centered around the admissibility of Modvat credit amounting to Rs. 2,12,873 on specific chemicals utilized as coating material for the insides of storage tanks in the appellant's factory. The claim was made under Rule 57Q, and a declaration under Rule 57F was submitted by the assessee.

The original authority rejected the submissions of the appellants, emphasizing that the items in question were not components, spares, or accessories of the goods specified under Serial Nos. 1 to 4 of the Table under Rule 57Q. The authority concluded that the material's function was inherently connected with the tanks/vessels, making it necessary for their use. Consequently, the original authority denied the credit for the relevant period.

The Commissioner (Appeals) upheld the denial of credit, stating that the coating material could not be classified as capital goods under Rule 57Q. Additionally, since the material was used in storage tanks falling under Chapter 73 of the Central Excise Tariff Act, it was deemed ineligible for Modvat credit as an accessory to storage tanks under Rule 57Q.

The Revenue's representative cited a precedent to argue that the original tanks were not eligible for capital goods classification during the relevant period, thereby rendering any accessories ineligible for credit. On the contrary, the appellant's advocate referenced a different case to support the eligibility of certain tanks as inputs under Rule 57Q, highlighting that the precedent relied upon by the Revenue was a single member decision, unlike the appellant's case.

The Tribunal found discrepancies in the Assistant Commissioner's findings regarding the classification of the tanks in question. As a result, the Tribunal remanded the matter back for reconsideration to determine the tanks' eligibility for credit under Rule 57Q. If deemed eligible, the Tribunal expressed readiness to grant the credit on the subject material under the components/accessories of such eligible tanks. The Tribunal also noted that other issues raised in the appeal were remanded for further consideration.

Conclusively, the Tribunal set aside the previous order and remanded the matter to the Assistant Commissioner to reassess the tanks' classification eligibility and subsequently decide on the Modvat credit's admissibility for the disputed goods.