2005 (9) TMI 11 - AT - Central Excise

Cenvat Credit on capital goods being machinery installed in factory but could not be made functional

Summary

Issues:
1. Denial of Modvat credit on Capital Goods
2. Imposition of penalty for irregular Modvat credit availing

Analysis:
1. The judgment involves a dispute between the Revenue and the assessee regarding the denial of Modvat credit on Capital Goods. The Commissioner (Appeals) noted that the Capital Goods were not utilized for manufacturing final products, leading to the denial of Modvat credit. The Revenue was aggrieved by the Commissioner's decision not to impose a penalty for non-utilization of Capital Goods. On the other hand, the assessee contested the imposition of penalty for availing irregular Modvat credit without including the amortization cost. The assessee argued that the Capital Goods, imported for manufacturing seat metal components, were still in existence and could be utilized at any time. The Tribunal's ruling in a similar case supported the assessee's claim that Modvat credit cannot be denied for inputs still present in the factory, even if written off in the books of account.

2. The learned Counsel representing the assessee highlighted that the Capital Goods had been installed in the factory and could be functional at any time, despite not being currently utilized due to canceled orders. The Tribunal found merit in the Counsel's submission, overturning the Commissioner's decision and allowing the assessee's appeal. The Tribunal ruled that the denial of Modvat credit on Capital Goods was improper based on the circumstances. Consequently, the imposition of a penalty for the proper availment of Modvat credit on Capital Goods was deemed unnecessary. The Tribunal rejected the Revenue's appeal, emphasizing that the assessee was entitled to the credit, and upheld the inclusion of the amortization cost in the assessable value of the seat metal components as per the earlier order.

3. The judgment concluded by pronouncing the operative portion of the order in open court, stating that the party's appeal was allowed, and the Revenue's appeal was rejected. The decision highlighted the importance of considering the circumstances under which Capital Goods were installed and the potential for future utilization, ultimately leading to the allowance of Modvat credit and the dismissal of the penalty imposition sought by the Revenue.