2003 (11) TMI 507 - AT - Central Excise

Summary

Issues: Eligibility of lead sheets and glass tubing as capital goods under Rule 57Q for manufacturing Rayon yarn.

The judgment addresses the issue of whether lead sheets and glass tubing qualify as capital goods under Rule 57Q for the manufacturing of Rayon yarn. The appellant argues that lead sheets are necessary for lining the Rayon spinning machinery to withstand the chemical reactions involved in the manufacturing process. The machinery, made of steel, requires the corrosion-resistant properties of lead sheets due to the acidic chemicals used in the process. The lead sheets are specified for eligibility as capital goods under Rule 57Q, falling under excise chapter Heading 8445.00.

Regarding the glass tubing, the appellant asserts that it is an essential part of the Rayon yarn spinning machine, guiding the movement of yarn. The glass tubing, whether used as is or converted into glass funnel, is claimed to be a specified capital good under Sr. No. (8) of the table in Rule 57Q of the Central Excise Rules, 1944. The judgment references a previous decision in the Commissioner of Central Excise v. M/s. Mardia Chemicals Ltd., 2002 (147) E.L.T. 645, which supports the eligibility of cladding materials like lead sheets.

The judgment finds that the lead sheets are entitled to be considered as capital goods based on the precedent mentioned above. As for the glass tubing, there is no evidence to refute its essential nature in the manufacturing process of Rayon yarn. The judgment dismisses the argument that the glass items are for maintenance purposes, stating that they are eligible as replacement parts, thus qualifying as capital goods. Consequently, the appeal is allowed, the impugned order is set aside, and the appellant's claim regarding the eligibility of lead sheets and glass tubing as capital goods under Rule 57Q for manufacturing Rayon yarn is upheld.