1988 (1) TMI 249 - AT - Central Excise

Summary

Issues: Modvat credit admissibility on Hydrant Valves and Instrument Cables

Modvat Credit on Instrument Cables:
The appeal was filed against the Commissioner (Appeals) order denying Modvat credit on Instrument Cables and Hydrant Valves. The appellants, engaged in synthetic rubber manufacturing, claimed Modvat credit under Rule 57A and Rule 57Q. The department contended that Instrument Cables and Hydrant Valves were not capital goods, thus not eligible for Modvat credit under Rule 57Q.

The appellant's counsel relied on the case of CCE v. Novo Udyog Limited, arguing that wires and cables fell under the wider definition of capital goods as per Rule 57Q. He emphasized that the Tribunal had previously supported this interpretation in various decisions. Regarding Instrument Cables, the counsel asserted that they were capital goods based on the Tribunal's precedent.

Modvat Credit on Hydrant Valves:
The appellant's counsel further argued that Hydrant Valves, regulating liquid raw materials in the manufacturing process, were integral to the plant's operation. He contended that these Valves were part of the plant and thus qualified as capital goods under Rule 57Q.

The department's representative contended that electric cables and wires were not capital goods unless integrated into a machine. Referring to the list of capital goods in the explanation under Rule 57Q, he argued that cables and wires did not fall within that category. Similarly, he reiterated the lower authorities' stance on Hydrant Valves.

Judgment:
After considering both parties' submissions and relevant case law, the Tribunal upheld that electric wires and cables, including Instrument Cables, were indeed capital goods under Rule 57Q, following the precedent set by the Novo Udyog Limited case. The Tribunal also affirmed that Hydrant Valves, being essential parts of the machinery in the manufacturing process, were covered by the explanation under Rule 57Q.

Consequently, the Tribunal allowed the appeal, granting Modvat credit on both Instrument Cables and Hydrant Valves to the appellants. The decision was made in line with the legal provisions and precedents cited, providing the appellants with the entitled relief as per the law.