2004 (6) TMI 627 - AT - Central Excise

Admissibility of Modvat Credit u/r 57Q on various inputs - Denial of Modvat Credit on specific items - Challenge by Revenue on allowed credits - HELD THAT - Modvat credit on electrical insulating, fitting, electrical transformer and electrical wires and cables, and material handling equipment has been allowed by the Commissioner. This is being challenged by the Revenue. Thus, we hold that modvat credit on these items is admissible. Thus, the appeal of the assessee is partly allowed in above terms and the Department's appeal is rejected along with the cross objection filed by the assessee.

Summary

Issues Involved:
1. Admissibility of Modvat Credit u/r 57Q on various inputs.
2. Denial of Modvat Credit on specific items.
3. Challenge by Revenue on allowed credits.

Summary:

1. Admissibility of Modvat Credit u/r 57Q:
The dispute revolves around the admissibility of Modvat Credit on items such as cement, iron & steel, construction equipment, electrical tools, and others. The assessee had taken credit on these items, which the department contested, leading to show cause notices and subsequent adjudication by the Commissioner of Central Excise and Customs, Nagpur. The Commissioner allowed credits amounting to Rs. 1,20,72,569/- and disallowed Rs. 58,34,436/-. Both the Revenue and the assessee appealed against different portions of this order.

2. Denial of Modvat Credit on Specific Items:
- Cement and Steel: Credit was denied as these were used for civil construction, not excisable commodities. However, following previous tribunal decisions, credit on cement and iron and steel structure was held admissible.
- Drilling Machines, Welding Electrodes, Grinding Wheels: Credit on drilling machines and welding electrodes was denied as they were used for maintenance, not manufacturing. However, credit on grinding wheels was allowed based on previous tribunal decisions.
- Fire Extinguisher, Base Frame, Timer: Credit was denied as these were not used in manufacturing. However, following the Jawahar Mills case, credit was held admissible.
- Workshop Tools, CR Steel Strips, PVC Label, Electrical Tools, Laminated Sheets: Credit was denied as these items were used for maintenance and not directly in manufacturing. The denial was upheld.
- Alumina Refractory Cement and Ramming Mass: Initially denied as consumables, but credit was allowed following previous decisions supporting their use in furnaces.

3. Challenge by Revenue on Allowed Credits:
- Electrical Goods, Wires, Cables: Credit was allowed by the Commissioner as these were used in the production unit, not in office premises. This was upheld following the Jawahar Mills case.
- EOT Cranes: Credit was allowed despite being received before the relevant notification date, as they were essential for the production process. This was upheld based on previous decisions.

Conclusion:
The assessee's appeal was partly allowed, and the Revenue's appeal was rejected. The cross objections filed by the assessee were also dismissed. The tribunal upheld the admissibility of Modvat Credit on several items while denying it on others, following established legal precedents.