2005 (9) TMI 182 - AT - Central Excise

Summary

Issues involved: Appeal against order-in-appeal regarding the eligibility of MODVAT credit as capital goods for various items including laboratory homogenizer, hospital equipment, module, safety tools, gas detection system, lube/sealant, and tower packing.

Summary:
The Revenue contended that during the period in dispute, the definition of capital goods as per Rule 57Q(1) of the Central Excise Rules covers machinery, plant, equipment, apparatus, appliances, or tools used in the production or processing of goods. They argued that research and development equipment, safety tools, gas detection system, and tower packing do not qualify as capital goods as they are not directly used in the manufacturing process. The respondents, engaged in manufacturing industrial chemicals and glycol, argued that research and development equipment was essential for improving product quality, and other items like module, gas detection system, lube, and tower packing were integral to their manufacturing processes.

The Tribunal found that research and development equipment contributed to maintaining and enhancing the quality of the chemicals produced, thus qualifying as capital goods. Similarly, items like module, gas detection system, lube, and tower packing were deemed essential components and accessories used in the manufacturing process, justifying the allowance of credit. However, safety tools like hammer, pickaxe, and chisel, primarily used for civil works and not directly related to manufacturing, were excluded from the benefit of capital goods credit.

In conclusion, the appeal was disposed of with the decision to uphold the benefit of capital goods for most items, except for safety tools, which were deemed ineligible.