2005 (4) TMI 106 - AT - Central Excise

Summary

Issues:
1. Eligibility of capital goods credit on air-conditioners under Rule 57Q of the Central Excise Rules, 1944.

Analysis:
The appeal before the Appellate Tribunal CESTAT, CHENNAI involved the eligibility of capital goods credit on air-conditioners under Rule 57Q of the Central Excise Rules, 1944. The lower appellate authority had granted the credit to the respondents for air-conditioners used in their factory for the production of medicaments, a final product. The Revenue appealed against this decision, arguing that the claim was not valid.

The Appellate Tribunal considered the primary issue of whether the air-conditioners purchased by the respondents and installed in their factory in July 1996 were eligible for capital goods credit. The Tribunal noted that the key factor determining eligibility was how the air-conditioners were actually used in the factory during the material period. A letter from the Joint Commissioner of Central Excise confirmed that the air-conditioners were indeed used in the production hall for tablet/capsule production and in the quality control section for checking finished products. This usage established that the air-conditioners were utilized for the production of medicaments in the factory, as claimed by the respondents.

Based on the evidence of actual usage provided, the Tribunal concluded that the air-conditioners met the criteria for capital goods credit under Rule 57Q. As a result, the appeal filed by the Revenue was dismissed, affirming the decision of the lower appellate authority to grant the capital goods credit on the air-conditioners to the respondents.