1997 (11) TMI 198 - AT - Central Excise

Summary

Issues:
Admissibility of Modvat credit on Metal Rolls and Lubricated Oil.

Analysis:
The appeal before the Appellate Tribunal CEGAT, New Delhi revolved around the admissibility of Modvat credit on Metal Rolls and Lubricated Oil. The appellants, engaged in the manufacture of flat rolled products of non-alloy steel, had claimed Modvat credit amounting to Rs. 45,248.00 based on invoices issued by various parties. The Department contended that the invoices did not comply with prescribed forms, leading to a show cause notice demanding an explanation for the credit claimed. The Asstt. Collector and the ld. Commissioner (Appeals) rejected the appellant's claims regarding Metal Rolls and Lubricated Oil.

The appellant argued that Metal Rolls should be considered as capital goods eligible for Modvat credit as they are an integral part of the rolling mill, falling under Rule 57Q covering parts of machinery and plant. The Tribunal found merit in this argument, noting that Metal Rolls are integral to the rolling mill and are covered under Rule 57Q, making them eligible for Modvat credit as capital goods.

Regarding Lubricating Oil, the appellant contended that they have historically claimed Modvat credit on it as an input, citing a precedent set by the Tribunal in the case of M/s. Pragati Paper Mills (Pvt.) Limited. The Tribunal referred to the aforementioned case, where it was established that Lubricating Oil, even if not used as fuel or for electricity generation, qualifies as an input if it is used in or in relation to the manufacture of the final product. Following the precedent and the interpretation of Rule 57A, the Tribunal held that Modvat credit on Lubricating Oil should be allowed.

In conclusion, the Tribunal modified the impugned order to allow Modvat credit on both Metal Rolls and Lubricating Oil, as they were deemed eligible under the relevant provisions and precedents. The appeal was disposed of accordingly, in favor of the appellants.