2009 (12) TMI 735 - AT - Central Excise

Summary

Issues:
- Denial of credit on EPBAX system
- Entitlement for Modvat credit on EPBAX system

The judgment involves a case where the appellant sought Modvat credit on an EPBAX system used in their factory premises. The Commissioner (Appeals) had denied the credit based on previous tribunal judgments, stating that the EPBAX system was not used in the manufacturing process. The appellant challenged this denial, leading to the current appeal.

The main issue in this case was whether the appellant was entitled to Modvat credit on the EPBAX system installed and used in their factory premises. The appellant had availed the credit on the EPBAX system, which was the subject of contention.

Upon review, the judge noted that the Commissioner had relied on the Usha Ispat Ltd. case where the EPBAX system was considered to be only for communication purposes and not directly related to production. However, the appellant provided an Affidavit stating that the EPBAX system was installed and used within the factory premises and was connected to the manufacturing process. The judge found that the EPBAX system facilitated communication between different departments within the factory, indirectly contributing to the manufacturing of the final product.

Therefore, the judge concluded that the EPBAX system, being used within the factory premises and connected to the manufacturing process, made the appellant eligible for Modvat credit on the system. As a result, the impugned order denying the credit was set aside, and the appeal was allowed with consequential relief granted to the appellant.

This judgment highlights the importance of establishing a direct or indirect connection between the equipment for which credit is sought and its contribution to the manufacturing process to determine the eligibility for Modvat credit.