2005 (5) TMI 490 - AT - Central Excise

Summary

Issues:
1. Eligibility of Telephone Cable for Modvat credit under Rule 57Q.

Analysis:
The judgment revolves around the issue of whether Telephone Cable falling under Heading No. 85.44 of the CETA Schedule, used by the appellants within their factory during Mar.'98, was eligible for Modvat credit under Rule 57Q. Both authorities disallowed the credit on the basis that the Telephone Cable was not used for manufacturing final products, leading to the present appeal.

The consultant for the appellants argued that Rule 57Q did not mandate that the capital goods specified therein must be used for manufacturing final products during the material period. The only requirement was that the capital goods specified must be used within the factory. On the other hand, the DR contended that even though the Telephone Cables fell under the Tariff Entry specified under Rule 57Q, they were not utilized in any manner for manufacturing final products, thus disallowing the credit for such cables.

The dispute was to be resolved by interpreting the text of Rule 57Q as it stood during the material period. The rule explicitly stated that for Modvat credit on any capital goods, the manufacturer of final products needed to demonstrate that the capital goods specified in Column (2) of the Table and used in the factory. The rule did not impose any qualification on the "use" of the capital goods. Therefore, the contention that the telephone cable should have been used for manufacturing final products was rejected.

Consequently, the impugned order disallowing the credit was set aside, and the appeal was allowed.