2008 (12) TMI 225 - HC - Central Excise

Whether the assessee are covered under the provision to Rule 57A of the Central Excise Rules, 1944? Held that - The learned Tribunal did not even consider the decisions and decided the matter on the basis of the order so passed by the Commissioner of Appeals and accordingly, we think it would be proper for us to set aside the said order in Appeal No. EDM-25-34/05 and to remit back the matter in question before the learned Tribunal to hear out the said matter afresh.

Summary

Issues:
Interpretation of Rule 57A of the Central Excise Rules, 1944 regarding Modvat credit eligibility for certain items such as ramming mass and sleeves.

Analysis:
1. The appeal challenged an order by the Tribunal regarding Modvat Credit eligibility for ramming mass and sleeves. The Tribunal relied on a Karnataka High Court decision but failed to consider a Calcutta High Court judgment on the same issue. The Counsel argued that Rule 57A should be interpreted broadly to include any item used in relation to manufacturing as eligible for Modvat credit. The Counsel cited relevant case laws to support this argument, emphasizing the importance of interpreting the term 'goods' broadly.

2. The explanation to Rule 57A was discussed as an inclusive definition of the term 'input.' The Counsel referred to a Supreme Court judgment emphasizing that inclusive definitions should be interpreted broadly. The decision of the Calcutta High Court in a previous case was cited to support the argument that the phrase 'in relation to' should be given a wider connotation.

3. Referring to a decision involving P.B. Wire-mesh and industrial cloth, it was argued that Modvat credit should be allowed for items used in the manufacturing process. The Division Bench of the Karnataka High Court concluded that ramming mass and fibre glass filtermesh are chemical and resin items, not falling under the specific clause of Rule 67A, thus making them eligible for Modvat credit under Rule 57A.

4. The Supreme Court affirmed the Karnataka High Court's decision, stating that the use of chemicals like burnt dolomite in manufacturing processes justifies Modvat credit eligibility. The Court highlighted the necessity of controlling acidic vapors in steel manufacturing, supporting the use of such chemicals in the manufacturing process.

5. The High Court set aside the Tribunal's order and remitted the matter for reconsideration, emphasizing the importance of considering relevant judgments and case laws in determining Modvat credit eligibility. The appeal was disposed of based on the above terms, ensuring all parties act on a signed copy of the order.

6. The Supreme Court's decision confirmed the entitlement to Modvat credit for ramming mass, fibre glass, and filter mesh, emphasizing the importance of considering the manufacturing process and the necessity of certain chemicals in it. The Tribunal was directed to reconsider the matter in light of the relevant legal principles and judgments cited.