2004 (11) TMI 510 - Commissioner - Central Excise

Summary

Issues Involved:
1. Eligibility of Micro Processor Based System for Modvat credit under Rule 57Q of Central Excise Rules, 1944.

Analysis:
The case involved a dispute regarding the eligibility of a Micro Processor Based System for Modvat credit under Rule 57Q of the Central Excise Rules, 1944. The Respondent, engaged in the manufacture of Nuts, Bolts, and Screws, claimed Modvat credit amounting to Rs. 86,453/- on the system. The Revenue contended that the system was purely a data processing machine and did not qualify as capital goods under Rule 57Q. The Asstt. Commissioner allowed the credit, stating that the system was used as an accessory to the machinery in the manufacturing premises.

The Revenue filed an appeal citing two main grounds. Firstly, they argued that the system was not used for processing or producing goods and thus did not meet the definition of capital goods under Rule 57Q. Secondly, they pointed out that goods falling under Chapter Heading 84.71 were excluded from Modvat credit eligibility under Rule 57Q. The Respondent, in their cross-objections, emphasized the essential role of the system in controlling the manufacturing process to produce defect-free marketable goods.

During the hearing, the Revenue did not appear, while the Respondent reiterated their arguments and cited relevant case laws. The Commissioner, after careful consideration of the case records, referred to the CEGAT decision in the case of Jawahar Mills Ltd. upheld by the Supreme Court. Considering the usage of the system as explained by the Respondent, the Commissioner held that the disputed item was indeed eligible for Modvat credit under Rule 57Q. Consequently, the impugned Order-in-Original was upheld, and the appeal by the Revenue was rejected.