2008 (8) TMI 39 - HC - Central Excise

Credit on M.S. Angle, Cement & Bitumen - Cement & Bitumen used for fixing the plant, for the residences of the staff quarters & for constructing the boundary wall of premises - no finding that the Cement & Bitumen were used in fixing the plant or machinery for the purposes of manufacturing the aforesaid items, hence credit is deniable - M.S. Angle used in joining the M.S. pipes in manufacturing the goods produced by the Unit, hence covered within the definition of capital goods for credit

Summary

Issues Involved:
Whether Modvat credit can be allowed on items like 'M.S. Angle', 'Cement', and 'Bitumen' used as construction material under Rule 57Q of the Central Excise Rules, 1944?

Analysis:

1. Background and Facts:
The case involves a dispute regarding the eligibility of Modvat credit claimed by a manufacturing unit under Rule 57Q of the Central Excise Rules, 1944. The unit, engaged in the production of various glycols, claimed Modvat credit on items such as 'M.S. Angle', 'Cement', and 'Bitumen' among others, which the Revenue contended were not covered under the definition of capital goods.

2. Legal Framework:
The definition of 'Capital Goods' under Rule 57Q was crucial in determining the eligibility for Modvat credit. The definition included machines, machinery, plant, equipment, components, spare parts, and accessories used in production or processing of goods. The definition was later amended to include specific goods falling under the Central Excise Tariff Act, 1985, used in the factory of the manufacturer.

3. Arguments and Court's Analysis:
The Revenue argued that items like 'M.S. Angle', 'Cement', and 'Bitumen' did not qualify as capital goods. The Court analyzed the definition of capital goods and the subsequent amendments to it. The Court referred to a previous case to emphasize the liberal interpretation of the definition and the requirement that items claimed for Modvat credit must be used in the factory for production.

4. Decision and Rationale:
The Court found that while 'M.S. Angle' was used in the manufacturing process and hence eligible for Modvat credit, 'Cement' and 'Bitumen' were not directly used in the production of the final products. The Court noted that there was no evidence to show that these materials were used specifically for manufacturing the glycols. As a result, the Court held that Modvat credit for 'Cement' and 'Bitumen' should be disallowed.

5. Conclusion:
In conclusion, the Court partially allowed the appeal by disallowing Modvat credit for 'Cement' and 'Bitumen' but upholding it for 'M.S. Angle'. The decision was based on the interpretation of the definition of capital goods and the specific usage of the items in the manufacturing process. The judgment clarified the distinction between items directly involved in manufacturing and those used for ancillary purposes within the factory premises.