2006 (4) TMI 421 - AT - Central Excise

Summary

Issues:
Disallowance of capital goods credit for 'Chiller Plant' under CSH 8418.10; Interpretation of Notification No. 6/97, dated 1-3-1997; Eligibility of goods under Heading 84.18 for capital goods credit; Alleged misprint of Heading 85.18 in the Notification.

Disallowance of Capital Goods Credit: The case involved M/s. Elgi Building Products Ltd. appealing against the disallowance of capital goods credit for a 'Chiller Plant' by the Commissioner (Appeals) Coimbatore. The dispute arose as the Commissioner held that goods under Heading 85.18 were not covered by Notification No. 6/97. However, the appellants argued that the imported item fell under Chapter Heading 84.18, making them eligible for the credit. The Deputy Commissioner originally permitted the credit based on Notification No. 6/97.

Interpretation of Notification No. 6/97: The Notification in question outlined the applicability of capital goods credit, specifying goods eligible for credit under different headings. The Tribunal examined the official text of the Notification and noted that goods falling under Heading 84.18 were indeed eligible for capital goods credit. The Tribunal rejected the argument that Heading 85.18 was a misprint for 84.18, emphasizing that the imported item was correctly classified under CSH 841869 of the Customs Tariff.

Eligibility of Goods under Heading 84.18: The Tribunal confirmed that goods falling under Heading 84.18 were entitled to capital goods credit as per Notification No. 6/97. The appellants successfully demonstrated that the 'Chiller Plant' imported by them fell under the relevant category, making them eligible for the credit. The Tribunal upheld the original authority's decision in favor of the appellants.

Alleged Misprint of Heading 85.18: The appellants argued that despite corrigenda issued for Notification 6/97, no amendment was made regarding Heading 85.18. However, the Tribunal clarified that the item imported by the appellants was correctly classified under CSH 841869, reaffirming their eligibility for capital goods credit under Heading 84.18. The Tribunal allowed the appeal, emphasizing the clear eligibility of the appellants for the credit based on the correct interpretation of the Notification.

In conclusion, the Tribunal ruled in favor of M/s. Elgi Building Products Ltd., allowing them to avail the capital goods credit for the 'Chiller Plant' based on the correct classification under Heading 84.18 as per Notification No. 6/97. The judgment highlighted the importance of accurately interpreting legal provisions to determine eligibility for tax benefits, ultimately upholding the appellants' right to claim the credit.