2003 (12) TMI 640 - AT - Central Excise

Summary

Issues:
Appeal against rejection of declaration under Rule 57-T for specific items under Central Excise Rules, 1944.

Analysis:
The appeals were filed by M/s. Nava Bharat Ferro Alloys Ltd. challenging the rejection of their declaration under Rule 57-T for various items. The rejection was based on the argument that the items were not covered under Rule 57Q of the Central Excise Rules, 1944, as they were considered to be for general purposes with multifarious uses. The appellant's representative argued that the rejection was not justified, citing previous tribunal decisions where similar steel structures were deemed eligible for credit as supporting structures for heavy machinery, distinguishing the Commissioner's reliance on other cases. The appellant relied on various legal precedents and circulars to support their claim for credit under Rule 57Q. The appellant also argued that if the items were not considered capital goods, credit could be allowed under Rule 57A. The appellant further referenced decisions by the Larger Bench in support of their case.

The Revenue's representative contended that Modvat credit on certain items was not eligible, referring to tribunal decisions that supported this view. The Revenue also highlighted the impact of an amendment in the CENVAT Rule on the case at hand. The Tribunal carefully considered the arguments from both sides and noted the conflicting decisions cited by each party. The Tribunal observed that while some cases indicated that steel structures may not be considered component parts of machinery, other cases emphasized the importance of supporting materials for machinery to be considered as components of the plant eligible for credit. The Tribunal found a lack of clear findings by the lower authorities regarding whether the items in question were used as supporting structures for machinery or as construction materials. Due to this ambiguity, the Tribunal set aside the orders of the Commissioner (Appeals) and remanded the matter to the Original Authority for a fresh decision after factual verification to determine whether the items were essential supporting materials for the plant or merely construction materials. The parties were to be given an opportunity to present their case in this fresh decision-making process.

In conclusion, the Tribunal disposed of the appeals by remanding the matter for further investigation and decision, emphasizing the need for a clear determination on whether the items in question were indeed supporting structures for capital goods. The decision was pronounced on 5.12.2003.