1998 (6) TMI 221 - Commissioner - Central Excise

Summary

Issues:

1. Availing Modvat credit on various items as Capital Goods
2. Eligibility of Modvat credit under Rule 57Q for different items

Analysis:

Issue 1: The appellant availed Modvat credit on various items, considering them as Capital Goods. The Show Cause cum Demand Notice was issued as these items were deemed ineligible under Rule 57Q. The Assistant Commissioner confirmed the demand, leading to the appeal.

Issue 2: The main issue was whether Modvat credit was available for the items under Rule 57Q. The judgment analyzed the eligibility of different items individually.

1. Doctor Blade: The Doctor Blade was found eligible for Modvat credit as it played a crucial role in removing contamination on rollers in the paper-making process, directly impacting the quality of the final product. The nexus between the item's role and the manufacturing process justified its eligibility under Rule 57Q.

2. Industrial Leather Belts: In contrast, Industrial Leather Belts were deemed ineligible for Modvat credit as they lacked a direct role in the manufacturing process that would bring about a change in the substance of the goods. A comparison with Electric Panel Boards was dismissed, leading to the denial of Modvat credit for this item.

3. Endless Wires, Patch Wires & Filter: The appellant argued for the eligibility of these items based on a Tribunal judgment. However, the lack of a nexus for bringing about a change in the goods' substance through direct participation in the manufacturing stream led to the rejection of Modvat credit under Rule 57Q for these items.

4. Felt: Felt was considered eligible for Modvat credit under Rule 57Q due to its role in transferring and drying wet paper, directly contributing to the manufacturing process by bringing about a change in the substance of the goods. Modvat credit was allowed for Felt.

The judgment relied on various precedents to support the decisions on different items. Ultimately, the order in original was upheld, except for Doctor Blade and Felt, for which Modvat credit was allowed. The appeal was rejected with this modification.