1997 (1) TMI 199 - AT - Central Excise

Summary

Issues:
- Appeal filed by revenue against Modvat credit for air conditioners in factory
- Interpretation of Rule 57Q and capital goods definition
- Comparison of air conditioners with humidifiers for Modvat credit eligibility

Analysis:
The judgment deals with an appeal filed by the revenue challenging the allowance of Modvat credit for air conditioners in a factory under Rule 57Q read with Rule 57S of the Central Excises and Salt Act. The revenue contended that a previous decision by the Tribunal denied Modvat credit for humidifiers in a textile unit, arguing that air conditioners, like humidifiers, controlled temperature and humidity but did not qualify as capital goods under Rule 57Q. The revenue asserted that the benefit of Modvat credit for air conditioners is not sustainable in law based on this argument.

The respondent, a manufacturer of drugs and formulations, justified the use of air conditioners in their factory, stating that they needed to maintain controlled conditions of temperature and humidity for manufacturing medicaments. The respondent argued that the air conditioners were essential for the production of the notified finished product.

The Tribunal examined the definition of capital goods under Rule 57Q, emphasizing that capital goods must be used for production, processing, or bringing about any change in the substance for manufacturing final products. The Tribunal cited the Oxford Dictionary definitions of "production" and "process" to clarify that capital goods must have a direct role in the manufacturing process by physically processing goods or bringing about a change in the substance. The Tribunal concluded that humidifiers, which only create atmosphere, do not qualify as capital goods under Rule 57Q.

Applying the reasoning from the previous decision on humidifiers, the Tribunal held that the air conditioners in the present case, despite being essential for the manufacturing process, did not meet the criteria for Modvat credit eligibility as capital goods under Rule 57Q. Therefore, the Tribunal allowed the revenue's appeal and set aside the lower appellate authority's order granting Modvat credit for the air conditioners in the factory.