1997 (5) TMI 228 - AT - Central Excise

Summary

Issues: Modvat credit on refractories and Hot Tops disallowed.

Analysis:
1. The appellant's representative argued that Modvat credit disallowed on refractories and Hot Tops should be allowed based on precedents. Referring to a recent Tribunal decision in M/s. Hindalco Industries Limited case, it was contended that refractory bricks were eligible for Modvat credit. The representative also cited a previous judgment of the Larger Bench in M/s. Union Carbide India Limited case to support the claim. Additionally, the appellant relied on a decision regarding Hot Tops in M/s. Kakkar Complex Steels (P) Limited case where Hot Tops were considered eligible inputs for Modvat credit.

2. The respondent's representative countered the appellant's arguments by referring to the reasoning of the lower authorities and cited the case of Collector v. R.D. Alloys. The respondent also provided a definition of Hot Top from C.R. Tottle's Encyclopaedia of Metallurgy and Materials to support the contention that Hot Tops are excluded from being considered as inputs for Modvat credit.

3. The judge considered both parties' arguments and referenced the decision in M/s. Hindalco Industries Limited case, where it was established that refractories were eligible for Modvat credit based on the Tribunal's Larger Bench decision in M/s. Union Carbide India Limited case. Consequently, the judge allowed the appeal regarding Modvat credit on refractories, following the precedent set by the earlier judgments.

4. Regarding Hot Tops, the judge noted the differing facts in the case of Kakkar Complex Steels (P) Limited compared to R.D. Alloys case. The judge highlighted that the function of Hot Tops in maintaining temperature levels was crucial and needed further clarification. As the exact purpose of Hot Tops was not clearly established on record, the judge set aside the decision on Hot Tops and remanded the matter to the original authority for a fresh decision considering the function of Hot Tops and the arguments presented by the appellant.

5. The appeal was disposed of with the decision to allow Modvat credit on refractories but remand the decision on Hot Tops for further consideration based on the function and purpose of Hot Tops in the manufacturing process.