1997 (11) TMI 274 - AT - Central Excise

Summary

Issues: Eligibility of Modvat credit for duty paid on electric wires and cables, 'G' rack, and ceramic refractories.

In the judgment by the Appellate Tribunal CEGAT, Mumbai, the issue revolved around the eligibility of Modvat credit for duty paid on specific goods. The appellant had taken credit in accordance with Rule 57Q for electric wires and cables, 'G' rack, and ceramic refractories received in August and September 1994. The Commissioner disallowed the credit, stating that the goods did not qualify as capital goods as per the Explanation to Rule 57Q.

Electric wires and cables:
The Commissioner disallowed the credit on electric wires and cables, arguing that only the part connecting machinery was essential for manufacturing, while the rest did not qualify as capital goods. However, the Tribunal held, citing precedent, that electrical wires and cables within the factory are capital goods. It was reasoned that the cables connecting machinery to distribution boards are integral parts of the plant and eligible for credit.

Ceramic refractories:
The Commissioner disallowed credit for ceramic refractories, claiming they were not machinery, plant, or equipment. The appellant argued, supported by a Tribunal decision, that the refractories should be considered capital goods even before the amendment to Rule 57Q. The Tribunal agreed, stating that refractories used for maintaining furnace temperature for manufacturing final products qualify as capital goods.

'G Racks':
The Commissioner rejected the credit for 'G Racks,' asserting they were not used in manufacturing processes. The appellant contended that the racks were essential for transporting glass products, making them capital goods. The Tribunal compared the use of 'G Racks' to other equipment deemed capital goods and ruled in favor of the appellant, stating that anything necessary to make goods marketable qualifies as manufacturing, thus allowing the appeal and setting aside the impugned order.

In conclusion, the Tribunal allowed the appeal, overturning the Commissioner's decision to disallow Modvat credit for electric wires and cables, ceramic refractories, and 'G Racks.' The judgment clarified the eligibility criteria for capital goods under Rule 57Q and emphasized the importance of items contributing to the manufacturing process or making goods marketable in determining their qualification for Modvat credit.