1998 (8) TMI 277 - AT - Central Excise

Summary

Issues Involved:
The appeal challenges the disallowance of Modvat credit for Dumper and Loader under Rule 57Q of the Central Excise Rules, 1944, along with the imposition of a penalty.

Modvat Credit Disallowance:
The appellants contended that the Dumper and Loader were integral to the manufacturing process of Cement, citing previous Tribunal decisions supporting their claim. They argued that material handling equipment should be eligible for Modvat credit as capital goods under Rule 57Q.

Opposing Viewpoint:
The respondent argued that the Dumper and Loader were special purpose vehicles for transporting raw materials and not directly involved in the manufacturing process of Cement. Referring to a Tribunal decision, the respondent contended that transporting raw materials does not constitute a manufacturing process. The respondent also highlighted that certain material handling equipment was only included in the Rule after a specific date.

Judicial Analysis:
The Tribunal considered the previous decisions and the definition of a manufacturing process. It was established that activities integral to further operations leading to the manufacture of goods should be considered part of the manufacturing process. The handling of raw materials for transfer, whether manual or mechanical, was deemed integrally connected to the manufacturing process. Previous Tribunal decisions supported the eligibility of material handling machinery for Modvat credit under Rule 57Q.

Decision:
In light of the discussions and precedents, the Tribunal allowed the appeal, setting aside the disallowance of Modvat credit for the Dumper and Loader. It was also ruled that no penalty was warranted in this case and thus, the penalty was set aside.