2006 (1) TMI 18 - AT - Central Excise

Central Excise Modvat credit on capital goods Specified goods used in the factory are entitled for benefit as capital goods

Summary

Issues:
1. Disallowance of modvat credit for specific items - High temperature colour close circuit TV, mechanical interlock, assembled expansion joints.

Analysis:
The appellant appealed against the order disallowing modvat credit for three items: High temperature colour close circuit TV, mechanical interlock, and assembled expansion joints. The appellant argued that the close circuit TV is used as an accessory with a kiln for monitoring burning conditions, falling under Chapter Heading 8474.10. They contended that it qualifies as a capital good under Rule 57Q due to being a component, spare, part, or accessory of specified goods. Similarly, the mechanical interlock, used in pollution control equipment to separate dust particles from fuel gas, was claimed to be essential for the cement plant's operation and hence eligible for capital goods benefit. Regarding the assembled expansion joints, the appellant asserted their use as parts of ducts carrying steam to various plant areas, thus qualifying for capital goods benefit.

The revenue argued that the High temperature colour close circuit TV is classified under Heading 8528, not specified under Rule 57Q, along with the other items in question. However, it was acknowledged that all items were indeed used in the factory. Rule 57Q stipulates that specified goods used in the factory are eligible for capital goods benefit, encompassing accessories, components, parts, and specified goods. As the close circuit TV, mechanical interlock, and assembled expansion joints were demonstrated to be accessories or components of specified goods used in the factory, the appellant was deemed entitled to modvat credit for these items. Consequently, the impugned order disallowing the credit was set aside, and the appeal was allowed.

The judgment was pronounced in open court, emphasizing the interpretation and application of Rule 57Q in determining the eligibility for modvat credit on specific items used as accessories or components of specified goods in a factory setting.