1997 (1) TMI 324 - AT - Central Excise

Summary

Issues:
Appeal against denial of capital goods Modvat credit for items used in manufacturing granite tiles.

Detailed Analysis:

Issue 1: Denial of Modvat credit by the Commissioner
The appeal was filed against the order passed by the Commissioner denying capital goods Modvat credit claimed by the appellants for items used in their plant for manufacturing granite tiles, including Oil Circuit Breakers, L.T. Distribution Panels/Control Panels, Power Transformers, and Air Compressors. The Commissioner held that these materials were not actually used for producing or processing the final product, thus not fulfilling the requirements for Modvat credit.

Issue 2: Interpretation of Capital Goods under Rule 57Q
The appellant argued that the items in question should be considered capital goods under Rule 57Q and its explanation, which covers component parts, accessories, and plant and equipment. The Tribunal's decisions in favor of the appellant, citing cases where electrical panels and transformers were deemed eligible for capital goods Modvat credit, were presented. The Tribunal emphasized that these items fell within the definition of Capital Goods under Rule 57Q, especially under Clause 1(b) of the Explanation, which includes components, spare parts, and accessories used for specific purposes.

Issue 3: Eligibility of Items for Modvat Credit
The Tribunal analyzed the function of the materials in question, such as transformers regulating power supply and air compressors providing air pressure to the Kiln. It was determined that these items, including electrical panels and transformers, were essential component parts of the plant for manufacturing granite tiles, making them eligible for capital goods Modvat credit under the interpretation of Rule 57Q as per Tribunal decisions.

Conclusion:
After considering the submissions and the Tribunal's decisions, the Appellate Tribunal allowed the appeal, stating that the items in question, including electrical panels, transformers, and air compressors, were to be considered as capital goods under Rule 57Q based on their essential functions within the manufacturing process.