1997 (2) TMI 583 - Commissioner - Central Excise

Summary

Issues: Modvat credit on goods as Capital Goods, Disallowance of modvat credit, Penalty imposition

In the judgment delivered by the Commissioner of Customs & Central Excise (Appeals), Ghaziabad, three appeals were addressed, arising from a common order issued by the Addl. Commissioner, Central Excise, Ghaziabad. The appeals were related to the disallowance of modvat credit taken on goods as Capital Goods by M/s. Jindal Polyester, Gulaothi, engaged in the manufacture of synthetic filament yarn under Chapter 54.02. The Adjudication proceedings resulted in the disallowance of modvat credit amounting to Rs. 8,15,044 and the imposition of penalties on the company, its Director, and General Manager. The goods in question included pressure gauges, process control instruments, electric digital scales, black steel tubes, S.S. Powders, S.S. Filters, digital multi meters, spinnerate Inspection equipment, Quadraflow Cooling Tower Component, Cold Water clearing machine, among others, used in the manufacturing process of polyester filament yarn.

The Commissioner analyzed the functioning of the items and their essential role in the manufacturing process of polyester filament yarn, involving processes like crystallization, drying, extrusion, spinning, and winding, each requiring specific temperatures for different stages. The appellant provided detailed explanations on how these items were crucial for the manufacturing process, including the use of steam, compressed air, chilled water, and various instruments for control and measurement purposes. The Commissioner referred to previous decisions of Courts and Tribunals, such as Union Carbide India v. C.C.E., CCE, Meerut v. Uttam Indl. Engg. Pvt. Ltd., and others, to support the broad definition of 'Capital Goods' encompassing a wide range of items like electric wires, cables, transformers, and more. Consequently, the Commissioner allowed modvat credits on several items like pressure gauges, valves, process control instruments, digital scales, black steel tubes, S.S. Powder, S.S. filters, digital multi meters, spinnerate Inspection equipment, among others, as they fell within the definition of Capital Goods based on the precedents cited.

Moreover, the Commissioner held that since there was no malicious intent in availing modvat credit on these items, no penalty would be levied on the company, its Director, or General Manager. The Commissioner modified the order of the Adjudicating Authority, partially allowing the appeal and overturning the disallowance of modvat credit on the specified items.