2003 (10) TMI 556 - AT - Central Excise

Summary

Issues: Interpretation of the term "capital goods" under Rule 57A for Modvat credit eligibility.

In this judgment by the Appellate Tribunal CESTAT, Mumbai, the issue revolved around the interpretation of the term "capital goods" for the eligibility of Modvat credit under Rule 57A. The respondents relied on a CEGAT judgment in their case, citing the precedent set in the Crompton Greaves Ltd. v. CCE, Chandigarh case where it was held that capital goods used for testing and R&D are eligible for Modvat credit. On the other hand, the Revenue relied on a different Tribunal decision in the case of C.C.E., Madras v. Fourts (India) Laboratories Pvt. Ltd., where the credit was denied due to a lack of nexus with bringing about a change in any substance. However, in the present case, the items in question, including a Spectrophotometer, Digital Weighing scale, and Plastic Strapping machine, were found to have a direct nexus in the chain of processes leading to the emergence of a final product, thus qualifying as "capital goods" under Rule 57A.

The Tribunal further supported this decision by referencing the concept of capital goods as clarified in the CEGAT Larger Bench judgment in the case of Jawahar Mills Ltd. v. CCE, Coimbatore, where goods similar to those in the present case were categorized as "capital goods" falling under the plant and machinery category. Consequently, the Tribunal rejected the Revenue's appeal, affirming the eligibility of the items in question for Modvat credit as "capital goods" under Rule 57A.