1999 (6) TMI 221 - AT - Central Excise

Summary

Issues:
1. Disallowance of Modvat credit on Tri Ethylene Glycol (TEG) and Tungsten wire.
2. Eligibility of TEG and Tungsten wire as inputs under Rule 57A of the Central Excise Rules 1944.
3. Whether TEG and Tungsten wire are essential for the manufacturing process.
4. Applicability of previous Tribunal decisions on similar cases.
5. Classification of Tungsten wire as an accessory/appliance of the machine under Rule 57A.

Analysis:
1. The Commissioner of Central Excise (Appeals) upheld the disallowance of Modvat credit on TEG and Tungsten wire. The Assistant Collector contended that these items are not inputs under Rule 57A.

2. The appellants argued that TEG is crucial for the manufacturing process as it clears the filter during the conversion of melt polymer. Similarly, Tungsten wire is essential for ionizing the air between "chill roll" and molten polymer. They cited previous Tribunal decisions to support their claim.

3. The Tribunal referred to the case of J.K. Synthetics and Sri Ramakrishna Steel Industries Ltd. to establish that TEG, used for cleaning filters, qualifies as an input for Modvat credit under Rule 57A. The cleaning process is deemed essential in the manufacturing of polyester fiber and yarn.

4. Regarding Tungsten wire, the Tribunal considered the case of ECE Industries and Collector of Central Excise v. Kalpana Lamps and Components Ltd. to determine its eligibility for Modvat credit. The Tribunal rejected the argument that Tungsten wire falls under the excluded category of tools or appliances.

5. The Tribunal dismissed the plea for reference to a Larger Bench and held that Tungsten wire is entitled to input credit under Rule 57A. Consequently, the impugned order disallowing Modvat credit on both TEG and Tungsten wire was set aside, and the appeals were allowed.