1999 (9) TMI 363 - AT - Central Excise

Summary

Issues:
Appeal against disallowance of Modvat credit on specific items; Interpretation of items as parts of boilers; Nexus between use of capital goods and production of final products; Quantification of Modvat credit involved.

Analysis:
The appeal was filed against the Order-in-Appeal disallowing Modvat credit on 'Pressure Switches, Pumps & Nuts, Spares of Fans and Regulators and Pressure Gauges.' The Counsel for the appellants argued that these items are parts of boilers, supported by the Department's own acceptance and previous Tribunal orders. Referring to the Tribunal's decision in a similar case, it was argued that since boilers are integral parts of plant and machinery entitled to Modvat credit, parts of boilers should also be eligible. The impugned order relied on a previous decision for rejecting the claim for Modvat credit.

The JDR did not dispute that the items were parts of boilers but highlighted the lack of nexus between the use of capital goods and the production of final products as established by the impugned order. The Tribunal, considering the admitted position that the items were parts of boilers, found that the impugned order could not be sustained based on the factual nature of the items. The JDR pointed out a discrepancy in the quantification of Modvat credit, which was clarified by the appellants.

The Counsel for the appellants requested the appeal to be allowed in principle, with the quantification of duty demand to be determined later based on the available records. The Tribunal allowed the appeal, directing the authorities to examine the actual amount of Modvat credit admissible and grant consequential benefits accordingly. The appeal was allowed based on the established nature of the items as parts of boilers and the entitlement to Modvat credit under relevant rules.