2007 (4) TMI 521 - AT - Central Excise

Summary

Issues:
1. Entitlement to Modvat credit for parts, components, and accessories used with capital goods under Rule 57Q.

Analysis:
The appeal before the Appellate Tribunal CESTAT, KOLKATA centered around the entitlement of Modvat credit for parts, components, and accessories used with capital goods under Rule 57Q. The Revenue contended that such items were not eligible for Modvat credit, challenging the Appellate Authority's decision in favor of the assessee/respondent.

The learned J.D.R. supported the Order of Adjudication, arguing that Rule 57Q did not permit the assessee to utilize Modvat credit for parts, components, and accessories associated with capital goods. On the other hand, Shri J.P. Khaitan, representing the Revenue, highlighted a clarificatory Circular issued by C.B.E.C., emphasizing that the Circular did not differentiate between the use of all parts, components, and accessories with capital goods regarding Modvat credit eligibility.

Upon hearing both sides and examining the record, the Tribunal considered the Circular relied upon by the learned Commissioner (Appeals) as crucial. The Circular had provided comprehensive clarification on the matter, leading the Tribunal to conclude that the Appellate Order, based on the Circular, was self-explanatory and justified in granting Modvat credit to the assessee/respondent. The Tribunal found no grounds to continue the litigation, ultimately dismissing the Revenue's appeal.

In the final judgment, the Tribunal unequivocally dismissed the Revenue's appeal, affirming the entitlement of the assessee/respondent to the Modvat credit claimed for parts, components, and accessories used with capital goods. The decision was pronounced in the open court, bringing the matter to a close.