2007 (6) TMI 439 - AT - Central Excise

Summary

Issues involved: Determination of eligibility for Cenvat credit on inputs used in Research and Development and Quality Control.

Details of the judgment:

1. The Commissioner (Appeals) partly allowed the assessee's appeal by denying Cenvat credit on inputs used in Research and Development and Quality Control, while allowing credit on inputs used in the effluent treatment plant.

2. The appellant argued that they are eligible for Modvat credit for inputs used in Quality Control, citing a Tribunal judgment and an Apex Court judgment supporting their claim.

3. The learned DR contended that Research and Development and Quality Control are not part of the manufacturing process, hence the inputs used in these activities should not be considered for Cenvat credit.

4. The Tribunal observed that inputs used for quality testing and testing of raw material for quality control are integral to the manufacturing process of finished goods, based on a cited judgment. Therefore, denial of Modvat credit for inputs used in quality control was deemed incorrect.

5. However, the Tribunal upheld the denial of credit on inputs used in Research and Development, as it was determined not to be a part of the manufacturing process. Consequently, the denial of credit amounting to Rs. 84,413 was upheld.

6. The appeal was partly allowed, with the Tribunal ruling in favor of the appellant regarding the eligibility of Cenvat credit on inputs used for quality control, but upholding the denial of credit for inputs used in Research and Development.

7. The judgment was pronounced and dictated in open court by Dr. S.L. Peeran, J.