2008 (10) TMI 439 - AT - Central Excise

Summary

Issues Involved:
Eligibility of Modvat credit on centrally air conditioning plant as capital goods under Rule 57Q of the Central Excise Rules, 1944.

Analysis:
The issue in this appeal pertains to the eligibility of Modvat credit on a centrally air conditioning plant installed in the weaving department of the assessee's factory as capital goods under Rule 57Q of the Central Excise Rules, 1944. The Assistant Commissioner disallowed the credit of Rs. 76,000 and imposed a penalty of Rs. 25,000. On appeal by the assessee, the Commissioner (Appeals) allowed the Modvat credit availed in the air-conditioning plant in principle, leading to this appeal by the Revenue.

The key contention revolves around the interpretation of Rule 57Q and whether the air conditioning plant can be classified as capital goods under this rule. The presiding judge noted that capital goods, as defined by Rule 57Q, are machines or machinery used for producing or processing goods or bringing about a change in any substance for the manufacture of final products. It was observed that the air conditioning plant primarily serves the purpose of temperature control and does not directly participate in the manufacturing process or bring about any change in substance for the final products. As such, the plant does not meet the criteria to be considered as eligible capital goods under Rule 57Q.

Furthermore, the judge referenced specific clauses and notifications to support the decision. Heading 84.15, under which the air-conditioning plant falls, is not covered by the relevant clauses of Rule 57Q, indicating that items used for refrigerating and air-conditioning applications are excluded from the category of eligible capital goods. The judge also cited precedents where similar equipment, like air-conditioners and humidification plants, were deemed ineligible for Modvat credit under Rule 57Q due to their limited role in the manufacturing process.

Based on the above analysis, the judge set aside the Order passed by the Commissioner (Appeals) and reinstated the Order passed by the Assistant Commissioner, thereby allowing the appeal filed by the Revenue. The decision was pronounced in court on 6-10-2008.