2003 (2) TMI 146 - AT - Central Excise

Summary

Issues involved: Denial of Modvat credit on capital goods used in the construction of a power plant due to classification as immovable property, interpretation of Rule 57R(2) of the Central Excise Rules, 1944 regarding availability of Modvat credit for intermediate goods, and challenge to the Commissioner's order by the Revenue.

Summary:
The Respondents received a show cause notice proposing to deny Modvat credit on capital goods used in constructing a power plant, alleging that the power plant, considered an immovable property, did not qualify for credit under Rule 57R. The Commissioner determined that the power plant was excisable and exempt from duty, thus allowing Modvat credit. The Revenue appealed, arguing that electricity, a non-excisable intermediate product, did not meet Rule 57R(2) requirements for credit. The Commissioner's decision was challenged on grounds of misinterpretation and error.

Upon review, it was found that the sole ground in the show cause notice was the use of items in constructing an immovable property, which did not justify denying Modvat credit. Precedents established that credit cannot be refused based on the immovable property's nature. The argument that electricity's non-excisable status rendered it ineligible for credit was deemed beyond the notice's scope. Decisions confirmed that using electricity in manufacturing final products does not preclude capital goods credit. The Tribunal upheld the Commissioner's decision to allow Modvat credit for parts used in assembling the power plant, dismissing the Revenue's appeal.