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2002 (7) TMI 156 - AT - Central Excise
Issues involved: Appeal against order disallowing Modvat credit on DG set and parts thereof u/s Rule 57T(1) for capital goods used in factory.
Summary: The appellants, engaged in cement manufacturing, entered into an agreement for a Generating Set (DG set) with M/s. Modi Mirrlees Blackstone Ltd. (MMBL) to enhance electricity generation capacity. They filed declarations for capital goods under Rule 57T(1) and availed credit in RG 23C, Part-II. A show-cause notice challenged the credit availed, stating the DG set was manufactured by MMBL, not the appellants. The Commissioner disallowed the credit, imposed penalties, and demanded interest. The issue was whether the appellants were entitled to Modvat credit on the DG set and its parts. Shri Chandra Kumar, representing the appellants, argued that a similar issue was decided in Aditya Cement Ltd.'s case, where Modvat credit was allowed. He cited relevant case law supporting their claim for Modvat credit on components of the DG set. The Departmental Representative contended that the generating set was exempt from duty, thus credit could not be taken u/s Rule 57R(I) for capital goods used in exempted final product manufacture. The Tribunal analyzed previous cases and observed that the components of the DG set were covered under the definition of "Capital goods" u/s Rule 57Q. It emphasized the distinction between Rule 57A and Rule 57Q regarding the usage requirement for claiming Modvat credit. The Tribunal concluded that the components were not exclusively used in the manufacture of the generating set but for generating electricity for the final product. Denying Modvat credit on this basis would contradict the law and scheme's objective. The Tribunal also clarified that the manufacturer of the generating set was not relevant for claiming credit on its components. Considering the precedents and arguments, the Tribunal accepted the appellants' contention regarding Modvat credit on DG sets and parts thereof, allowing the appeal.
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