2005 (9) TMI 553 - AT - Central Excise

Summary

Issues:
Appeal against grant of capital goods credit, eligibility of various items for Modvat credit, delay in filing Modvat declaration, denial of credit based on declaration timing, connection of items with the manufacture of final product.

Analysis:
1. The appeal challenged the lower appellate authority's decision to grant capital goods credit to the respondent for various items. The contention was that certain items were not directly connected with the manufacture of the final product. The Tribunal referred to the decision in Jawahar Mills case, where it was established that all the items in question were eligible for capital goods credit under Rule 57Q before 23-7-96, irrespective of their direct connection with the final product.

2. Regarding specific items like pre-coat tank, concentrate mixing/dosing system, and ultra violet water purifier with accessories, the appellant argued that the Modvat declaration was not filed within the prescribed time, and the delay was not condoned. However, the Tribunal held that denial of Modvat credit solely based on delayed declaration was not justified, citing the Kamakhya Steels case. Additionally, the argument that item No. 13 was not directly connected with the manufacture of the final product was deemed unsustainable in light of the Jawahar Mills decision, which also applied to all other listed items.

3. It was noted that a dispute related to items at Sl. No. 10 to 12 was settled between the assessee and the department under the Kar Vivad Samadhan Scheme. Consequently, the impugned order granting capital goods credit was upheld, and the appeal by the Department was dismissed. The Tribunal emphasized that denial of credit based on the timing of the declaration or the direct connection with the final product was not valid according to established legal precedents.

This comprehensive analysis of the judgment highlights the key issues of the appeal, the Tribunal's reasoning based on legal precedents, and the final decision to dismiss the appeal, ensuring a thorough understanding of the case.