2007 (11) TMI 612 - HC - Central Excise

Summary

Issues involved: Interpretation of Modvat benefits on a water treatment plant as an integral part of the manufacturing process.

Summary:
The High Court of Karnataka addressed the question of law regarding the entitlement of Modvat benefits on a water treatment plant, which was considered an integral part of the manufacturing process of a company. The company, M/s. Murudeshwar Ceramics Ltd., had established a Granite Plant in a specific village and had availed credit on a "Waste Water Clarification Plant" under the Modvat Rules. A show cause notice was issued by the Revenue challenging the availed credit, stating that the plant was used solely for recycling polluted water and not for production purposes. The Additional Commissioner upheld the demand for repayment, which was further confirmed by the Commissioner (Appeals). Subsequently, a Civil Petition was filed before the High Court, leading to the formulation of the question of law for consideration by the CEGAT.

The Court considered the precedent set by the Hon'ble Supreme Court in the case of Indian Farmers Fertilizers Coop. Ltd. v. C.C.E., Ahmedabad, where it was established that pollution control apparatus used in effluent treatment plants should be deemed an integral part of the manufacturing process. The Supreme Court had ruled that Modvat benefits should be granted to such plants and machineries. In light of this precedent, the High Court concluded that the question of law raised in the petition had already been addressed by the Supreme Court. Therefore, the High Court dismissed the petition, following the judgment of the Supreme Court.