1998 (3) TMI 347 - AT - Central Excise

Summary

Issues:
Denial of Modvat credit on various items categorized as capital goods under Rule 57Q and imposition of penalty.

Analysis:
The appeal before the Appellate Tribunal arose from the Additional Commissioner of Central Excise's order denying Modvat credit of Rs. 3,52,755 on specific items, including measuring instruments, controlling devices, regulating devices, and essential equipment for maintaining the manufacturing process's proper atmosphere. The denial was based on the assertion that these items did not qualify as capital goods under Rule 57Q, with an additional penalty of Rs. 50,000 imposed. The period in question was August 1994 to January 1995.

The appellant, engaged in manufacturing polyester polymer chips, had been availing Modvat credit on the disputed items, which led to proceedings initiated against them through a show cause notice in February 1995. The notice proposed disallowing Modvat credit on the grounds that the items were categorized as instruments or safety devices. The adjudication order issued in October 1995 upheld the disallowance and imposed the penalty, prompting the appeal.

During the hearing, the appellant's advocate and the Departmental Representative presented their arguments. The Tribunal examined the disputed items' undisputed use and function, categorizing them into various groups for detailed analysis.

Regarding measuring instruments, the Tribunal referenced previous decisions to determine their eligibility for Modvat credit. It concluded that most items fell under the capital goods category, except for one specific thermometer based on earlier rulings.

For controlling devices like inverters, spares, and differential pressure transmitters, the Tribunal recognized their essential role in the manufacturing process, leading to the allowance of Modvat credit based on their functionality and necessity.

The Programmable Logic Controller, crucial for the production process, was deemed eligible for Modvat credit following a precedent set in a previous Tribunal order.

Regulating devices such as pressure and vacuum gauges were considered essential for maintaining the manufacturing atmosphere, aligning with previous Tribunal decisions, thus qualifying for Modvat credit.

Lastly, items like system cables, boiler furnace sheets, and fan coil units, integral to the manufacturing process, were also granted Modvat credit based on their direct connection to production activities and previous Tribunal rulings.

In conclusion, the Tribunal allowed Modvat credit for all disputed items except for the mercury in steel dial thermometer, based on their essential role in the manufacturing process and alignment with established legal precedents.

The appeal was disposed of accordingly, granting Modvat credit for the majority of the disputed items and upholding the denial only for the specific thermometer.