2003 (9) TMI 695 - AT - Central Excise

Summary

Issues:
1. Denial of capital goods credit under Rule 57Q for Environmental Test Chamber and Housing Plunger.

Analysis:
The Appellate Tribunal, Mumbai, addressed the issue of denial of capital goods credit under Rule 57Q for an Environmental Test Chamber and a Housing Plunger. The Commissioner (Appeals) had denied the credit on the grounds that these items were not used in or in relation to the manufacture/production or processing of goods. The Tribunal noted the appellant's argument that the determination of whether an item qualifies under the rule is for the user to decide, citing the case of CCE, Coimbatore v. Jawahar Mills Ltd. The Tribunal agreed with this interpretation, emphasizing that the user's assessment is crucial in such cases.

Moreover, the Tribunal highlighted that testing equipment and material handling equipment have previously been considered eligible capital goods by the Tribunal. Therefore, based on the user's determination and past precedents, the Tribunal concluded that the denial of credit in this case was not justified. Consequently, the Tribunal allowed the appeal, setting aside the Commissioner (Appeals) order that denied the capital goods credit under Rule 57Q for the Environmental Test Chamber and Housing Plunger.