1999 (11) TMI 236 - AT - Central Excise

Summary

Issues:
1. Modvat credit on L.T. Bus Duct
2. Disallowance of Modvat credit on certain items due to lack of declaration

Analysis:
1. Modvat credit on L.T. Bus Duct:
The Department filed an appeal seeking to set aside the Order-in-Appeal regarding Modvat credit on L.T. Bus Duct. The Department argued that the item did not qualify as a capital good before a specific amendment. It was contended that the L.T. Bus Duct did not bring about a substantial change in the manufacturing process. The Tribunal's decision in a similar case was cited. However, the Tribunal had previously allowed Modvat credit on L.T. Bus Ducts in another case. Following this precedent, the appeal by the Revenue was rejected.

2. Disallowance of Modvat credit on certain items due to lack of declaration:
In the second appeal by the assessee, it was contended that the Commissioner (Appeals) disallowed Modvat credit on certain items despite the declaration being made. The Commissioner mentioned the absence of a proper declaration for specific items as the reason for disallowance. The assessee argued that the declarations did include the mentioned items. It was also highlighted that the Commissioner had previously dealt with similar allegations in another order. The Tribunal found merit in the appellant's submissions. It was noted that the reasons for disallowance were not related to the lack of declaration but rather to other factors like not falling under the definition of Capital Goods. The Tribunal agreed that the disallowance was not justified, and the appeal by the assessee was allowed, setting aside the impugned order.

In conclusion, both appeals were disposed of favorably for the parties involved, with the Tribunal providing detailed reasoning for the decisions made in each case.