2005 (5) TMI 444 - AT - Central Excise

Summary

Issues:
1. Eligibility of Cenvat credit for parts of moulds.
2. Eligibility of Cenvat credit for parts of V.C.R.

Analysis:
1. The appeal concerns the eligibility of Cenvat credit for parts of moulds and parts of V.C.R. The Department argues that Cenvat credit is only available for capital goods specified in the Central Excise Rules. The contention is that moulds are specified as capital goods, and therefore, parts of moulds are not eligible for Cenvat credit. On the other hand, the Appellant argues that moulds fall within the specified headings of the Central Excise Tariff and are eligible for Cenvat credit. The Tribunal notes that the classification of the moulds is crucial, as Heading 84.80 applies to "moulds for metal (other than ingot moulds)." The matter is remanded to the Adjudicating Authority to determine if the moulds in question fall under this category. If so, Cenvat credit will be available for the parts of such moulds, as Heading 84.80 is not excluded from the specified capital goods under the Rules.

2. Regarding Cenvat credit for parts of V.C.R., the Department argues that since V.C.R. is not specified in the relevant Rule, its parts are not eligible for Cenvat credit. The Appellant contends that the relevant sub-rule does not exclude parts of machines used in manufacturing, including V.C.R. However, the Tribunal rules in favor of the Department, stating that V.C.R. is not specified as eligible machinery for Cenvat credit under Rule 57Q. Therefore, the parts of V.C.R. are also not eligible for Cenvat credit. The appeal filed by the Revenue is allowed in this regard, and the decision is made in favor of the Revenue.

In conclusion, the Tribunal's judgment clarifies the eligibility of Cenvat credit for parts of moulds and V.C.R., emphasizing the importance of proper classification under the Central Excise Tariff and adherence to the specified rules for claiming such credits.