2008 (8) TMI 744 - AT - Central Excise

Cenvat/Modvat - Capital goods - Held that - the mines in which the capital goods were used are integrally connected with the cement factory of the respondents and, therefore, the capital goods should be considered to have been used for undertaking processes integrally connected with the manufacture of the final product. Accordingly, the benefit of MODVAT credit under Rule 57Q ibid is available to the capital goods in question for the material period as rightly held by the lower appellate authority - appeal dismissed - decided against Revenue.

Summary

Issues:
1. Denial of capital goods credit for dumpers and excavators used in mines.
2. Interpretation of Rule 57Q of the Central Excise Rules, 1944 regarding capital goods in mines.
3. Appeal against the order of the Commissioner (Appeals) regarding MODVAT credit.

Analysis:
The case involved a dispute over the denial of capital goods credit to the assessee for dumpers and excavators used in mines connected to the manufacturing process of cement. The original authority had rejected the credit, but the first appellate authority allowed it, considering the mining processes as integral to cement manufacturing. The department appealed against the appellate authority's decision. The questions of law referred to the High Court revolved around whether the equipment used in the mines could be considered capital goods for MODVAT credit under Rule 57Q of the Central Excise Rules, 1944.

The Hon'ble High Court ruled that the mines where the capital goods were used were integrally connected to the cement factory, making the equipment eligible for MODVAT credit. The High Court upheld the decision of the lower appellate authority, affirming that the capital goods were indeed used for processes integral to the manufacture of the final product. Consequently, the benefit of MODVAT credit under Rule 57Q was deemed applicable to the capital goods in question for the relevant period. As a result, the appeal by the Revenue was dismissed, and the decision of the Commissioner (Appeals) was upheld.

In conclusion, the judgment clarified that equipment used in mines connected to the manufacturing process can be considered capital goods eligible for MODVAT credit under Rule 57Q. The decision emphasized the integral connection between the mines and the factory in determining the eligibility of capital goods for such credit. The ruling provided clarity on the interpretation of the relevant rules and affirmed the lower appellate authority's decision in favor of the assessee.