1999 (2) TMI 211 - AT - Central Excise

Summary

Issues:
Waiver of deposit of duty totaling Rs. 1.364 crores; Denial of Modvat credit on various items like nuts bolts, screws, electrical wire, molecular sieves, electrical transformers, platforms and monitors of weighbridge, gas turbine parts, and nickel alloy steel plates.

Analysis:

1. The applications filed sought a waiver of duty totaling Rs. 1.364 crores. The advocate for the applicant argued that the issue in each application pertained to Modvat credit under Rule 57Q for various items. The Tribunal decided to deal with each item individually.

2. Credit amounting to Rs. 45.96 lakhs on nuts bolts, screws, and fasteners was denied due to ambiguity regarding their use in producing or processing goods. The Tribunal found the explanation provided by the assessee insufficient to establish the essential nature of these items in assembling machinery.

3. An amount of Rs. 15.96 lakhs credit on electrical wire and equipment used for earthing was rejected on the basis that they were essential only for protecting devices. The Tribunal found it unreasonable to exclude earthing equipment when other protective electrical devices were allowed credit.

4. Molecular sieves worth Rs. 14.12 lakhs were held not to be capital goods. The Tribunal agreed with the Commissioner that these sieves, used for absorbing moisture in circulating air, were eligible for credit under Rule 57A as they were considered chemicals for specific purposes.

5. Credit of Rs. 12.47 lakhs on electrical transformers and accessories was denied as they were deemed not to be capital goods due to their capacity being less than 75KVA. However, the Tribunal noted conflicting interpretations and precedents where transformers were considered inputs eligible for credit.

6. Platforms and monitors of weighbridge amounting to Rs. 10.88 lakhs had credit denied as they were considered structures of the weighbridge. The Tribunal discussed the classification of weighbridges as capital goods and distinguished between weighing machines for production inputs and weighbridges for inventory purposes.

7. Parts of gas turbines worth Rs. 10.52 lakhs were deemed eligible for credit based on a previous Tribunal decision that recognized the necessity of these parts for generating motive power to operate machinery.

8. The use of nickel alloy steel plates involving credit of Rs. 6.86 lakhs was questioned due to unclear purposes. The Tribunal found the explanation regarding their use for environmental resistors inadequate.

9. Considering the total amount involved, the Tribunal accepted the advocate's offer to retain Rs. 30 lakhs unutilized in the RG-23C account until the appeal's disposal. Upon compliance, the Tribunal waived the deposit of the demanded duty and stayed its recovery until 1-3-1999.