2007 (2) TMI 72 - AT - Central Excise

Cenvat/Modvat Appellant contended that the benefit of modvat credit was allowed in respect of various types of steel plates Held that appellant liable for credit

Summary

Issues:
1. Denial of Modvat credit for steel plates used for repair purposes.

Analysis:
The appellant filed an appeal against the impugned order denying Modvat credit for various steel plates used for repair, contending that these plates are components of specified machines and thus eligible for credit as capital goods. The appellant highlighted the specific uses of the steel plates, such as trash plates in cane milling, MS plates in the mill house, and various other repairs in the manufacturing process. The Revenue argued that the plates were used for repair purposes and did not qualify as specified machines or components.

The appellant provided detailed explanations of how the steel plates were integral parts of various specified machines, such as trash plates acting as bridges between rollers in cane milling and MS plates used for repairing pressure shoots and other components. The appellant's explanations were not disputed by the Revenue. The Tribunal observed that since the plates were used as components or parts of specified machines, they were indeed entitled to credit as capital goods. Consequently, the impugned order denying the Modvat credit was set aside, and the appeal was allowed.

In conclusion, the Tribunal ruled in favor of the appellant, emphasizing that the steel plates used for repair purposes were integral components of specified machines and thus qualified for Modvat credit as capital goods. The detailed explanations provided by the appellant regarding the specific uses of the plates played a crucial role in establishing their eligibility for credit. The decision highlights the importance of considering the functional role of materials in the context of specified machinery when determining their eligibility for tax benefits.