2001 (3) TMI 226 - AT - Central Excise

Summary

Issues Involved:
1. Eligibility of Modvat credit for various chemicals and materials under Rule 57A of the Central Excise Rules.

Detailed Analysis:

1. Eligibility of Modvat Credit for Various Chemicals and Materials:

The primary issue in this appeal is whether Modvat credit can be availed for specific chemicals and materials used by the appellants in the manufacture of Linear Alkyle Benzene (LAB) under Rule 57A of the Central Excise Rules. The materials in question include Caustic Soda Lye, Hydrochloric Acid, Cation and Anion Resins, Chlorine, Betz C-38, C41 and 2020, Sulphuric Acid, Butyl Mercaptain, Ceramic Alumina Balls, and Heat Transfer Oil.

2. Adjudication Order and Collector (Appeals) Decision:

The Assistant Collector initially disallowed Modvat credit for all goods except Activated Alumina, stating that they did not qualify as "inputs" under the Modvat Rules. The Collector (Appeals) upheld this decision except for Butyl Mercaptain, which was considered directly used in the manufacture of LAB.

3. Larger Bench Reference and Interpretation:

The Larger Bench of the Appellate Tribunal, in a reference made by this Bench, held that Heat Transfer Oil is not excluded from the category of inputs as it plays a direct role in the actual process of LAB manufacture by providing necessary heat.

4. Arguments by the Appellant:

The learned Advocate for the appellants argued that the amendment to Rule 57A(1) by Notification No. 28/95-C.E. (N.T.) clarified that inputs used directly or indirectly in the manufacture of final products are eligible for Modvat credit. The Advocate cited several decisions, including Tata Engineering Locomotive Co. Ltd v. UOI and CCE, Madras v. M.R.F. Ltd., to support the interpretation that even indirectly used goods qualify as inputs.

5. Use of Demineralized Water and Related Chemicals:

The Advocate emphasized the essential role of Demineralized (DM) water in the manufacturing process, explaining that it is used in various units for purifying kerosene, controlling catalyst activity, and generating steam. Cation and Anion Resins, along with Caustic Soda Lye and Hydrochloric Acid, are used to maintain the quality of DM water. Chlorine, Betz C-38, C41, and Sulphuric Acid are used for cooling water treatment to prevent bacterial growth and corrosion, ensuring the proper functioning of the manufacturing process.

6. Ceramic Alumina Balls:

The Advocate argued that Ceramic Alumina Balls, used in the PACOL Unit to remove fluorides and support the catalyst, should be considered eligible inputs. The decision in CCE, Indore v. New Vikram Cements was cited, where Grinding Media Balls were deemed eligible for Modvat credit.

7. Counterarguments by the Revenue:

The learned D.R. contended that only a minor percentage of DM water is used in the manufacturing process, with most used for steam generation. Chemicals used to treat DM water and cooling water were argued to be non-essential for the manufacturing process. The D.R. also argued that Ceramic Alumina Balls are machinery and thus excluded from Modvat credit.

8. Tribunal's Consideration:

The Tribunal considered the broad interpretation of "in relation to" as established in previous rulings, including CCE v. Rajasthan State Chemical Works and Gujarat Alkalies & Chemicals Ltd. v. CCE. It was concluded that chemicals used in preparatory processes or for maintaining machinery, which are integrally connected to the manufacturing process, qualify as inputs.

9. Tribunal's Decision:

The Tribunal held that Heat Transfer Oil, Caustic Soda Lye, Hydrochloric Acid, Cation and Anion Resins, Chlorine, Betz C-38, C41, and Sulphuric Acid are eligible for Modvat credit under Rule 57A. However, it was determined that Ceramic Alumina Balls fall under the excluded category of machinery and are not eligible for Modvat credit.

Conclusion:

The appeal was partly allowed, granting Modvat credit for most of the chemicals and materials except Ceramic Alumina Balls.