2003 (10) TMI 527 - AT - Central Excise

Summary

Issues: Denial of capital goods credit on Grinder Machine and its spares/accessories for manufacturing Cold Rolled Steel Strips of Alloy and Non Alloy Steel.

Analysis:
1. The appellant, a manufacturer of Cold Rolled Steel Strips, was denied capital goods credit under Rule 57Q on Grinder Machine and its spares/accessories by the Commissioner (Appeals).

2. The impugned order highlighted the use of the Grinder Machine for grinding work rolls to achieve a better surface finish of the rolls, essential in the Cold Rolling Process. The order stated that as the machine is used for maintaining the final product's finishing machine, credit is not admissible on this item.

3. The Tribunal observed that the admitted use of the entity in question is for the maintenance of capital goods used in the manufacture of Steel Coils, and not for the direct manufacture of the Coils themselves. Citing the precedent set by the Larger Bench in the case of Jaypee Rewa Plant v. CCE, Raipur, where Modvat credit on maintenance equipment was not upheld, the Tribunal concluded that the appeal must be dismissed.

4. The Tribunal granted the early hearing application, and the matter proceeded after the waiver of pre-deposit and with the consent of both sides. Ultimately, the appeal was dismissed based on the reasoning that the use of the Grinder Machine and its accessories for maintenance purposes did not qualify for capital goods credit under Rule 57Q.

This comprehensive analysis of the judgment addresses the denial of capital goods credit on the Grinder Machine and its spares/accessories for the manufacturing of Cold Rolled Steel Strips, outlining the key arguments and the Tribunal's decision based on the facts and legal precedents cited in the case.