1999 (10) TMI 308 - AT - Central Excise

Summary

Issues: Denial of credit on certain items used in the manufacture of VP sugar and molasses as not capital goods under Rule 57Q of the Central Excise Rules, 1944.

The judgment by Ms. Jyoti Balasundaram, Member (J), of the Appellate Tribunal CEGAT, New Delhi, addresses the denial of credit on specific items used in the production of VP sugar and molasses. The lower Appellate Authority had refused credit, stating that these items did not qualify as capital goods under Rule 57Q of the Central Excise Rules, 1944. The appellant contested this decision.

1. Molasses pumps: The Tribunal upheld the previous decision that molasses pumps are not eligible for credit as capital goods under Rule 57Q, based on a prior order in the case of the same assessee. The Tribunal concluded that molasses pumps do not meet the criteria for capital goods credit.

2. Diesel Generator sets: The Tribunal determined that diesel generator sets qualify for credit as capital goods under clause (c) of the explanation to Rule 57Q. Citing a previous decision in the case of Ester Industries v. Collector of Central Excise, Meerut, the Tribunal confirmed that generator sets fall within the definition of capital goods credit.

3. Safety valves: The Tribunal recognized safety valves as eligible for credit based on a prior ruling in the assessee's case. Consequently, safety valves were deemed entitled to capital goods credit.

4. Weighing machine: The Tribunal established that weighing machines used for sugar weighment and packing are eligible for capital goods credit. Citing precedents such as Lupin Laboratories, Modi Xerox Ltd, and Carborandum Universal Ltd, the Tribunal concluded that weighing machines qualify for credit under Rule 57Q.

5. ACB Panels: The Tribunal confirmed that ACB Panels are entitled to capital goods credit based on a previous decision in the assessee's case, allowing credit for these items.

6. Rubber Flexible connection: The Tribunal determined that rubber flexible connections used in the sugar grader are essential for the packing process, making them eligible for credit under clause (b) of the explanation to Rule 57Q.

7. Electric bus bars trunkings: The Tribunal recognized electric bus bars trunkings as necessary for the production of electric bus bars used in generating electricity for goods processing. Therefore, these items were deemed eligible for capital goods credit.

8. Elevator: Elevators used for lifting sugar graders were considered material handling equipment, making them eligible for credit based on a previous Tribunal decision in the case of Grasim Cement v. Collector of Central Excise, Raipur.

In conclusion, the Tribunal set aside the lower Appellate Authority's decision and allowed the appeal, granting credit for the items in question that were found to meet the criteria for capital goods under Rule 57Q of the Central Excise Rules, 1944.