2000 (2) TMI 158 - AT - Central Excise

Summary

Issues:
Appeal against order allowing Modvat credit on computers with monitor, C.I. slag pots, and loading shovels.

Analysis:
The appeals involved a common question of law regarding the Modvat credit on certain items. The Revenue contended that computers with monitor, C.I. slag pots, and loading shovels do not qualify as capital goods under Rule 57Q of the Central Excise Rules as they are not directly involved in the production or processing of goods. The Revenue argued that these items do not meet the criteria set out in the rules and should not be eligible for the Modvat credit. On the other hand, the respondents argued that the items in question were essential for their manufacturing processes and cited previous Tribunal decisions to support their claim for Modvat credit.

The respondents pointed out that in their own case, the Tribunal had previously allowed Modvat credit for C.I. slag pots. Regarding computers with monitor, it was argued that these were used as accessories to machinery in the factory, and previous Tribunal decisions had supported the eligibility of data processors for Modvat credit. Similarly, the loading shovels were deemed necessary material handling equipment used at various stages of manufacturing, and previous Tribunal decisions had upheld Modvat credit for such equipment.

The Tribunal noted that the Commissioner (Appeals) had already established that the items in question were integral to the manufacturing processes. The Tribunal found that the Revenue had not provided any substantial argument to counter the factual findings of the Commissioner. Additionally, the Tribunal referenced previous decisions where Modvat credit had been allowed for similar items, contradicting the Revenue's arguments. The Tribunal also highlighted a previous ruling by a Larger Bench that deemed the Revenue's position in a similar case as incorrect. Consequently, the Tribunal concluded that the appeals lacked merit, and the decision to allow Modvat credit on the disputed items was upheld.

In conclusion, the Tribunal rejected the appeals filed by the Revenue, affirming the decision to grant Modvat credit on computers with monitor, C.I. slag pots, and loading shovels based on their essential role in the manufacturing processes as established by the Commissioner and supported by previous Tribunal decisions.