1990 (4) TMI 143 - AT - Central Excise

Summary

Issues Involved:
1. Eligibility of MODVAT credit for various items used in the manufacture of paper.
2. Interpretation of the term "in the manufacture of goods" and its application to the MODVAT scheme.

Summary:

Issue 1: Eligibility of MODVAT Credit for Various Items
- Hydrochloric Acid: Used for cleaning wire mesh clogged with fibrous material and dirt. The Tribunal held that it is used in relation to the manufacture of paper but primarily for maintenance, thus not eligible for MODVAT credit.
- P.M. Acetate: Used as a slimecide to avoid slime formation in pipelines. Not eligible for MODVAT credit as it is used for maintenance.
- Alfloc Powder: Used in boiler water treatment. The Tribunal held it is eligible for MODVAT credit as it is used in the process of manufacturing paper.
- Bleaching Powder: Used as a germicide in water treatment. Not eligible for MODVAT credit as it is used for maintenance.
- Soda Ash: Used in water treatment to soften water for boiler steam generation. The Tribunal held it is eligible for MODVAT credit as it is used in the process of manufacturing paper.
- Chipper Knives: Used for cutting wood and bamboo. The Tribunal held these are tools and specifically excluded from MODVAT credit u/r 57A.
- Wire Netting, Dandy Covers, Woollen Felts: Used as parts of paper-making machinery. The Tribunal held these are not eligible for MODVAT credit as they are used for maintenance of machinery.
- Transmission & Conveyor Belting: Used for power transmission in the manufacturing process. Not specifically addressed in the judgment, but likely falls under maintenance and thus not eligible.

Issue 2: Interpretation of "In the Manufacture of Goods"
- The Tribunal referred to the Supreme Court's interpretation in J.K. Cotton Spg. and Wvg. Mills Co. Ltd. v. Sales Tax Officer, Kanpur and CCE v. Ballurpur Industries. The expression "in the manufacture of goods" encompasses the entire process of converting raw materials into finished goods. Any process integrally connected with the ultimate production of goods, making it commercially inexpedient to produce the finished goods without that process, falls within this expression.
- The Tribunal also cited CCE, Calcutta-II v. Easter Paper Industries Limited, emphasizing that materials used as inputs must have a nexus with the process integrally connected with the ultimate production of goods.

Conclusion:
- Eligible for MODVAT Credit: Soda Ash, Alfloc Powder.
- Not Eligible for MODVAT Credit: Hydrochloric Acid, P.M. Acetate, Bleaching Powder, Chipper Knives, Wire Netting, Dandy Covers, Woollen Felts, Transmission & Conveyor Belting.

The judgment highlights the importance of the integral connection of the input materials with the manufacturing process to qualify for MODVAT credit, emphasizing the distinction between maintenance and direct participation in the manufacturing process.