1997 (12) TMI 332 - AT - Central Excise

Summary

Issues:
Appeal against disallowance of modvat credit on certain items under Rule 57Q of the Central Excise Rules, 1944.

Analysis:
The judgment dealt with multiple items for which modvat credit was disallowed by the Commissioner of Central Excise & Customs. The appellants, engaged in the manufacture of bulk drugs and proprietary medicaments, claimed modvat credit on various capital goods used in their manufacturing process. The department alleged that the items did not meet the criteria specified under Rule 57Q. The appellants argued that the disputed items were integral to the manufacturing process and cited relevant case laws to support their claim. The lower authorities rejected the appellants' claim, leading to the appeals.

In the case of Electric Cable/Power Cable, the issue was whether these items, used for carrying current in the manufacturing process, qualified as capital goods under Rule 57Q. The appellants argued that these cables were essential for the manufacturing process, while the Revenue contended that they were general utility items. The Tribunal held that Electric Cable/Power Cable used inside the factory premises qualified as capital goods under Rule 57Q.

Regarding the Bed Drive Assembly, the dispute centered around its role in the dehumidifier plant and its relevance to the manufacturing process. The Revenue argued that it did not contribute to the manufacturing process as required by Rule 57Q. The Tribunal agreed with the Revenue's stance and disallowed modvat credit on this item.

The judgment also addressed items like S.S. Table Top, Petridish Stand, Marking Machine, Carton Coder Machine, Cylinders, Hose Assembly, Rubber Hose, S.S. Cover, Static Convertor, PTFE Hose, Flexible PTFE Line pipe fitting, Fire Extinguisher, Safety Torch, Light fitting control junction box, Vessel Lamo Switch Socket, Spares for trolley, and Rupture disc. Each item was examined based on its use in the manufacturing process and its alignment with the definition of capital goods under Rule 57Q. The Tribunal made individual determinations on the eligibility of these items for modvat credit, considering their specific roles in the manufacturing setup.

In conclusion, the Tribunal modified the impugned order, allowing modvat credit on certain items while rejecting it on others based on their relevance to the manufacturing process as defined under Rule 57Q. The appeals were disposed of accordingly, with detailed reasoning provided for each item in question.