2006 (10) TMI 48 - AT - Central Excise

Cenvat/Modvat - Lubricating oil - Machine received with lubricating oil and its value are included in the assessable value of machine - HELD Lubricating oil is an eligible input for modvat credit after considering all the facts

Summary

Issues:
1. Eligibility of Modvat credit for lubricating oil supplied with final products.
2. Determining whether the use of lubricating oil for testing falls under the definition of manufacture.

Analysis:
1. The initial dispute revolved around whether the lubricating oil supplied in packed drums with final products would be eligible for Modvat credit. The Commissioner (Appeals) initially held against the assessee, stating that the lubricating oil was not used in or in relation to the manufacture of the final product. The contention that the oil was an essential accessory was rejected on the grounds that it was a consumable for the final product. The appeal by the assessee was made against this order.

2. Subsequent orders by the Commissioner (Appeals) favored the assessee's stance. It was argued that the oil supplied along with the machines should be considered as an accessory, as its value was included in the sale price of the equipment. Reference was made to similar cases where Modvat credit was allowed for items included in the cost of the final product. The Revenue filed appeals against these orders.

3. The appeals were heard collectively, emphasizing that the lubricants were essential for the functioning of the machines, as they needed to be poured into the machines before use. The ld. Counsel relied on a circular clarifying that certain inputs, like transformer oil, were eligible for credit if vital to the functioning of the product. Technical details were provided to support the necessity of supplying lubricating oils separately.

4. The ld. Counsel also cited a Tribunal decision where transformer oil used as a coolant was deemed eligible for Modvat credit. The Revenue argued that Modvat credit was only available for goods used in the manufacture of a final product in the factory. Reference was made to a Tribunal judgment where transformer oil was not considered an eligible input.

5. The final decision held that lubricating oils were indeed essential inputs for the production of machinery, as per the board's circular. The dispute over whether they were parts or accessories was deemed irrelevant to the claim for input credit. The Modvat Rule stipulated that an input would be eligible for credit if its value remained included in the assessable value of the final product, which was the case here. Therefore, the lubricants were considered eligible inputs for Modvat credit, and the appeal of the assessee was allowed while the Revenue's appeals were rejected.