2003 (10) TMI 195 - AT - Central Excise

Summary

Issues: Eligibility of credit under Rule 57Q for duty paid on specific goods.

In this judgment by the Appellate Tribunal CESTAT, Mumbai, the issue at hand was the eligibility of credit under Rule 57Q for duty paid on hot water generator, industrial water heater, computer system, siliminate mortar, and zimborne cement. The Commissioner (Appeals) had denied the credit, stating that the goods did not meet the requirement of being used to produce or process goods or bring about any change in any substance in the manufacture of the final product.

The appellant argued that the hot water generator was used to test the thermal quality of vacuum flask refills, the industrial water heater provided heat for manufacturing processes, and the computer system tested heat transfer value for marketability. Citing the judgment in CCE v. Jawahar Mills, it was contended that these goods qualified as capital goods. Siliminate mortar and zimborne cement were used in the glass furnace binding material, raising doubts about their eligibility under Rule 57Q. However, it was established that they were entitled to credit as inputs under Rule 57A, crucial for the proper functioning of the furnace in the glass manufacturing process.

Referring to the Tribunal's decision in CCE v. Modi Rubber Ltd., it was emphasized that even without a claim under Rule 57A, goods could still be eligible for credit under the rule if they met the criteria and a declaration was made under 57T. Ultimately, the appeal was allowed, and the impugned order denying credit was set aside, affirming the eligibility of the mentioned goods for credit under Rule 57Q.