2006 (8) TMI 93 - AT - Central Excise

Cenvat/Modvat - Revenue contended that appellant not entitle for cenvat credit on the ground that the input (Saggers and settlers) do not go directly into final product i.e. Ceramic glazed tiles - Held that revenue contention is not correct and allow the appeal

Summary

Issues:
1. Modvat credit eligibility on Saggers and Setters used in the manufacture of tiles.
2. Eligibility of fuel storage tanks purchased from a ship breaking company for Modvat credit.

Analysis:
The judgment by the Appellate Tribunal CESTAT, Mumbai dealt with the issue of Modvat credit eligibility on Saggers and Setters used in tile manufacturing and fuel storage tanks purchased from a ship breaking company. The Tribunal heard arguments from the Revenue Department as the Respondent was absent. The first issue revolved around whether Saggers and Setters, used to segregate green tiles during baking, qualified for Modvat credit. The Tribunal referenced a previous decision by the Larger Bench regarding inputs that get used up after repeated use, stating that such items need not directly go into the final product to be eligible for credit. The Tribunal dismissed the Revenue's appeal, emphasizing that the input need not form part of the final product directly.

Regarding the fuel storage tanks, the Tribunal addressed the issue of incorrect classification by the supplier under Heading 72.30. Despite the misclassification, the Tribunal held that it should not be a basis for denying Modvat credit as long as the input is used in the manufacturing process. The Tribunal cited previous decisions where fuel storage tanks were deemed eligible as capital goods, leading to the conclusion that the credit should not be denied based on the Revenue's arguments.

In conclusion, the Tribunal upheld the orders of the Commissioner (Appeals) and rejected the appeals related to both the eligibility of Saggers and Setters and fuel storage tanks for Modvat credit. The judgment highlighted the importance of considering the use of inputs in the manufacturing process rather than their direct incorporation into the final product.