2005 (11) TMI 503 - HC - Central Excise

Summary

Issues Involved:
1. Admissibility of modvat credit on items used in the workshop for repairing machinery used in the manufacture of cement.

Detailed Analysis of the Judgment:

Issue 1: Admissibility of Modvat Credit on Workshop Items

Background:
The appeal challenges the order of the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi, dated 4.7.2003. The primary legal question is whether modvat credit is admissible on items such as drilling machines, welding machines, and lubricants used in workshops for the maintenance of machinery involved in cement production.

Contention of the Respondent-Assessee:
The respondent-assessee claimed modvat credit on the aforementioned items under Rule 57Q of the Central Excise Rules, 1944, for the period ending prior to July 1996. They argued that these items, used for general maintenance of the plant and machinery, should be considered "capital goods" eligible for modvat credit.

Contention of the Revenue:
The Revenue denied the modvat credit, asserting that the items used in the workshop do not directly produce or process the final product (cement) and hence do not qualify as capital goods under Rule 57Q.

Tribunal's Decision:
The Tribunal relied on its earlier decision in Jawahar Mills Limited Vs. CCE, Coimbatore, and held that items essential for the upkeep and better functioning of machines used in manufacturing are eligible for modvat credit as capital goods.

Legal Provisions:
Rule 57Q allows credit for specified duty paid on capital goods used in the factory for manufacturing final products. The definition of "capital goods" under Rule 57Q includes machines, machinery, plant, equipment, apparatus, tools, or appliances used for producing or processing goods or for bringing about any change in any substance for the manufacture of final products. It also includes components, spare parts, accessories, moulds, dies, generating sets, and weigh-bridges used in the factory.

Court's Analysis:
The Court emphasized that the definition of "capital goods" under Rule 57Q is broad and liberal. It includes not only machines directly involved in manufacturing but also those used for maintenance and upkeep. The Court cited the Supreme Court's decision in Commissioner of C.Ex., Coimbatore Vs. Jawahar Mills Ltd., which supported a liberal interpretation of "capital goods." The Supreme Court had stated that the language used in the definition is very wide and includes various items essential for the manufacturing process, even if they are not directly involved in producing the final product.

Precedents:
The Court referred to the Supreme Court's decision in Indian Farmers Fertilisers Cooperative Ltd. Vs. Collector of Central Excise, Ahmedabad, which held that items used in activities essential for manufacturing, even if not directly used in producing the final product, are eligible for tax exemption.

Conclusion:
The Court concluded that the items in question (drilling machines, welding machines, and lubricants) are essential for the maintenance and efficient functioning of the machinery used in manufacturing cement. Therefore, they qualify as "capital goods" under Rule 57Q and are eligible for modvat credit. The appeal was dismissed, and the Tribunal's decision was upheld.

Judgment:
The appeal is dismissed with no order as to costs. The Tribunal's decision to allow modvat credit on the items used in the workshop for maintaining machinery used in cement manufacturing is affirmed.