1999 (10) TMI 227 - AT - Central Excise

Issues involved:
1. Denial of Modvat credit for catalyst
2. Modvat credit for storage tank
3. Modvat credit for nuts, bolts, and washers
4. Modvat credit for equipment parts and spares
5. Classification of structures for Modvat credit
6. Modvat credit for electrical and electronic items
7. Modvat credit for safety equipments
8. Modvat credit for nozzle, trolleys, and bins
9. Modvat credit for miscellaneous items

Analysis:

1. Denial of Modvat credit for catalyst:
The appellant contended that the catalyst should be considered either as an input covered under Rule 57A or as capital goods under Rule 57Q. Citing judgments like Oswal Agro Mills Ltd. v. C.C.E., it was argued that catalyst should be entitled to credit under Rule 57A. The Tribunal found a prima facie case in favor of the appellant and waived the pre-deposit and stay of recovery for this item.

2. Modvat credit for storage tank:
The appellant argued that storage tanks are entitled to Modvat credit based on previous Tribunal judgments. Referring to cases like SRF Ltd. v. C.C.E., it was contended that tanks should be eligible for credit under Rule 57Q. The Tribunal found a prima facie case and waived the pre-deposit for this item.

3. Modvat credit for nuts, bolts, and washers:
The Tribunal expressed doubts regarding the eligibility of nuts, bolts, and washers for Modvat credit. The assessee was directed to freeze the amount in their Modvat account pending further clarification.

4. Modvat credit for equipment parts and spares:
The Tribunal examined the list of equipment parts and spares provided by the assessee and found most items prima facie in favor of the party. However, a specific item called chimney shell was directed to be frozen in the Modvat account pending further review.

5. Classification of structures for Modvat credit:
Regarding structures like machine frames, the Tribunal found it challenging to conclude their eligibility under Rule 57Q at that stage. The assessee was directed to freeze a certain amount in their Modvat account pending clarification.

6. Modvat credit for electrical and electronic items:
The Tribunal had previously granted a stay for electrical and electronic items. Following the same, the pre-deposit for this amount was waived, and recovery was stayed.

7. Modvat credit for safety equipments:
Safety equipment was deemed not prima facie related to production. The assessee was directed to freeze the amount in their Modvat account pending further proceedings.

8. Modvat credit for nozzle, trolleys, and bins:
The Tribunal found a prima facie case for granting Modvat credit for nozzle, trolleys, and bins under Rule 57Q clause (b). The pre-deposit for this amount was waived, and recovery was stayed.

9. Modvat credit for miscellaneous items:
The counsel agreed to freeze the amount for miscellaneous items in the Modvat account. The Tribunal disposed of the applications by ordering the freezing of the specified amounts in compliance with the given timeline.

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