1995 (2) TMI 199 - AT - Central Excise

Summary

Issues:
- Allegation of Mafron gas not being declared in Modvat Declaration
- Eligibility of Modvat credit on Mafron gas

Analysis:

Allegation of Mafron gas not being declared:
The appeals were against an order passed by the Collector of Central Excise & Customs, Ahmedabad, alleging that Mafron gas was not declared in the Modvat Declaration. The advocate for the appellants argued that Mafron gas is essentially Freon gas, covered under the declaration of Freon gas. He emphasized that Mafron gas is used in the refrigeration system of the Chloromethane plant for specific purposes like chilling the brine solution to enable chemical reactions. Referring to previous decisions, the advocate highlighted that similar gases were considered eligible inputs for manufacturing processes. The department contended that specific descriptions are required for claiming Modvat benefits. However, it was acknowledged that Mafron gas is a refrigerant gas assessed as such for excise purposes. The Tribunal found that Mafron gas falls under the same family of refrigerant gas as Freon gas, which had been declared. The department's objection on this ground was deemed unsustainable, and the allegation of Mafron gas not being declared was rejected.

Eligibility of Modvat credit on Mafron gas:
Regarding the eligibility of Modvat credit on Mafron gas, it was established that the gas was essential for the manufacturing process of Chloromethane by reacting Chlorine and Methane gases. The gas was used to chill the brine solution, enabling the required reaction temperatures and facilitating the separation of Chloromethane at different levels. The Tribunal noted that the gas was not a permanent fixture in the refrigeration plant but was received in cylinders and replaced periodically, making it a consumable input passing through the plant. Drawing parallels with Acetylene gas used in welding processes, the Tribunal concluded that Mafron gas was a consumable gas necessary for the manufacturing process. Previous decisions had also recognized similar gases as eligible inputs for manufacturing purposes. Therefore, the appeals of the appellants were allowed, directing the authorities to restore the Modvat credit.

This detailed analysis of the judgment highlights the arguments presented by both parties, the Tribunal's reasoning, and the legal principles applied in determining the issues related to the declaration of Mafron gas and the eligibility of Modvat credit on the same.