1997 (5) TMI 179 - AT - Central Excise

Summary

Issues:
Admissibility of Modvat credit on various items including explosives, grinding media, cylpebs, acetylene gas, oxygen gas, refractories, steel castings, ball bearings, cables, batteries, electric insulated wires, electrodes, refractory cement, rubber, and HDPE bags.

Analysis:
The appeal before the Appellate Tribunal CEGAT, New Delhi concerned the admissibility of Modvat credit on multiple items used in the manufacturing process of cement. The appellants claimed Modvat credit for duty paid on inputs under the Modvat scheme, which was contested by the department. The key items in question included explosives, grinding media, cylpebs, acetylene gas, oxygen gas, refractories, steel castings, ball bearings, cables, batteries, electric insulated wires, electrodes, refractory cement, rubber, and HDPE bags.

The learned Advocate for the appellants argued the admissibility of Modvat credit on each item based on relevant precedents. For explosives, it was contended that previous Tribunal decisions supported the admissibility of Modvat credit for explosives used in quarrying limestone. Similarly, for grinding media and cylpebs, it was argued that they were essential for the grinding process and previous decisions favored their admissibility.

Regarding acetylene gas and oxygen gas, the Advocate acknowledged a lack of specific Tribunal decisions supporting Modvat credit but referenced a case where such credit was denied for uses other than cutting runners and risers in castings. On refractories, the Advocate cited a favorable Tribunal decision to support the admissibility of Modvat credit. The argument extended to steel castings, ball bearings, electrodes, refractory cement, rubber, and HDPE bags, with references to relevant precedents to bolster the case for admissibility.

In response, the JDR for the Commissioner raised objections on the usage and categorization of certain items. The JDR contended that explosives were not used within licensed premises, grinding media and cylpebs were considered machines falling under an excluded category, and refractories were classified as constructional materials, not directly related to cement manufacturing. The JDR supported the lower authorities' decision to deny Modvat credit on these items.

After considering the arguments from both sides, the Tribunal ruled in favor of the appellants on several items, including explosives, grinding media, cylpebs, refractories, steel castings, ball bearings, electrodes, refractory cement, rubber, and HDPE bags. However, Modvat credit was denied for acetylene gas, oxygen gas, cables, batteries, and electric insulated wires. The Tribunal modified the impugned order accordingly, providing relief to the appellants in line with the decision.