2004 (6) TMI 495 - AT - Central Excise

Summary

Issues: Modvat credit on Hydrochloric Acid and Aqua Chem used in effluent treatment plant.

Analysis:
1. Pre-deposit requirement: The appellants were required to pre-deposit a sum of Rs. 40,161 due to taking Modvat credit on Hydrochloric Acid and Aqua Chem for use in the effluent treatment plant. However, the judge granted a waiver of pre-deposit based on the judgment of the Hon'ble Apex Court in a specific case, allowing the main appeal to proceed for decision without the pre-deposit.

2. Appellant's argument: The counsel for the appellants argued that they were entitled to Modvat/Cenvat Credit for the Hydrochloric Acid and Aqua Chem used in the effluent treatment plant. The counsel relied on the judgment of the Hon'ble Apex Court in a specific case and also referenced previous orders by the same Bench and the South Zonal Bench, where Modvat credit had been allowed on Hydrochloric Acid used in effluent treatment plants following the Apex Court's judgment.

3. Respondent's submission: The learned JDR for the respondent presented their arguments.

4. Judgment: After considering the submissions from both sides, the judge found that the issue had already been settled by the Hon'ble Apex Court in a specific case. The judge noted that this judgment had been followed by the same Bench in the appellant's case and by the Bangalore Bench in a related matter. Consequently, the judge held that Modvat credit is admissible on Hydrochloric Acid and Aqua Chem used in the effluent treatment plant. The impugned order was set aside, and the appeal was allowed in favor of the appellants.