1997 (1) TMI 251 - AT - Central Excise

Summary

Issues:
- Appeal against Modvat credit allowance for specific items.
- Denial of Modvat credit for heating element and Nephelometer.
- Interpretation of Rule 57Q for Modvat credit eligibility.
- Justification of Modvat credit for steel wire rods, control instruments, and static inverter.

Analysis:
The judgment involves an appeal regarding the allowance of Modvat credit for certain items. The lower appellate authority had granted Modvat credit for items like industrial process control instruments, steel wire rope slings, static inverter, DP switch, and heating element. The respondent conceded the denial of Modvat credit for the heating element and Nephelometer, which were used for testing raw materials. The counsel for the appellant argued that Modvat credit should only be allowed for goods used in the manufacture of the notified finished product as per Rule 57Q.

The consultant explained the necessity of the items in question, such as steel wire rods, control instruments, and static inverter, for the manufacturing process. For steel wire rods, it was argued that they were essential for handling jumbo reels in the factory, as highlighted in a Supreme Court decision. The control instruments and spares were deemed necessary for processing inputs, and the static inverter was integral for controlling pressure in boilers. The consultant's arguments were based on the functional relationship between these items and the manufacturing process, emphasizing their importance for production.

The Tribunal analyzed Rule 57Q, which defines capital goods eligible for Modvat credit as those used for producing or processing goods for the manufacture of the finished product. The term "for" was interpreted to mean "for the purpose of" or "appropriate to." The Tribunal concluded that the items in question were indeed used for producing or processing goods in the manufacturing process, aligning with the Supreme Court's decision cited. Therefore, the Modvat credit for the specified items was rightfully allowed by the lower appellate authority. The appeal was partially allowed based on the justification provided for the steel wire rods, control instruments, and static inverter, while denying Modvat credit for the heating element and Nephelometer as conceded by the respondent.