2004 (10) TMI 412 - AT - Central Excise

Summary

Issues: Availability of credit to the appellant in respect of H.V. Transformer received under Rule 57Q.

Analysis:
1. The main issue in this case was whether the appellant was entitled to credit for the H.V. Transformer received under Rule 57Q. The appellant's declaration specified the transformer as a spare part of a cement mill, leading to the denial of credit by the authorities.

2. The appellant contended that under Rule 57Q, credit was available on all goods falling under Chapter 85 except for specified items. The transformer in question fell under 8504, which was not excluded under the rule. The appellant argued that the eligibility for credit was determined by the classification of the capital goods, not by the declaration provided.

3. The judgment agreed with the appellant's argument, stating that Rule 57Q specified eligible capital goods under different sub-headings. Goods falling under Chapter 85, except for specified sub-headings, were eligible for credit under sub-heading (b) of 57Q(1). Since the transformer received by the appellant fell under 8504 and was declared as such, it was eligible for credit. The additional details provided by the appellant regarding the usage of the item were deemed irrelevant for determining eligibility.

4. The lower authorities' decision to deny credit based on the transformer being a spare part of a cement mill was deemed contrary to the credit scheme under the Rule. Therefore, the judgment set aside the impugned order, allowing the appeal and granting consequential relief to the appellant if applicable. The appellant was found to be clearly eligible for Modvat credit on the H.V. Transformer in question.