2007 (10) TMI 258 - AT - Central Excise

Credit in respect of electrical spares for roll grinding machine and drill machine - electrical spare for roll grinding machine which is used to get correct surface finish on aluminum sheets are accepted as spare so they are covered by the definition of capital goods u/r 57Q - hence credit on the same cannot be denied - drilling machines used for the purpose of maintenance in the workshop, are also eligible for Modvat credit under Rule 57Q

Summary

Issues:
Appeal against denial of Modvat credit for electrical spares and drilling machine.

Analysis:
The appeal challenged the denial of Modvat credit for electrical spares used in roll grinding machine and drill machine. The Commissioner had denied the credit, stating that the items fell under tools used in maintenance workshops and were not covered by the definition of capital goods. However, the appellant argued that since the items were electrical spares for specific machines, they should be considered capital goods under Rule 57Q. The appellant contended that as per explanation (1) of Rule 57Q, components, spare parts, and accessories of machines used for specific purposes are considered capital goods. Thus, the Modvat credit on electrical spares should not be denied.

Regarding the drilling machine, the Commissioner had also denied Modvat credit, citing it was used for maintenance in the workshop. The appellant referred to a Tribunal decision in a similar case where Modvat credit for drilling machines used in workshops for general maintenance was allowed under Rule 57Q. The Tribunal differentiated between tools used for repair and spare parts used for specific machine functions. The Tribunal held that items like electrical spares and drilling machines, when used for specific purposes, qualify as capital goods and are eligible for Modvat credit.

The presiding member analyzed the arguments presented. In the case of electrical spares for the grinding machine, it was noted that both the original order and the Commissioner (Appeals) acknowledged the specific use of the spares for achieving correct surface finish on aluminum sheets. The member concluded that as these spares were accepted as such, they fell within the definition of capital goods under Rule 57Q and were eligible for Modvat credit. The Tribunal's decision relied upon by the Revenue was deemed irrelevant as it pertained to welding electrodes used for machine repairs, not spare parts.

Regarding the drilling machine used for maintenance in the workshop, the presiding member referred to a Division Bench decision in a similar case where Modvat credit was allowed. The member highlighted that the decisions cited by the Revenue were single-member decisions, whereas the Division Bench decision carried more weight. Following the precedent set by the Division Bench, the member allowed the Modvat credit for the drilling machine as well.

Conclusively, the Commissioner (Appeals) order was set aside, and the appeal was allowed, granting Modvat credit for both the electrical spares and the drilling machine used for specific purposes in the workshop.