1999 (12) TMI 162 - AT - Central Excise

Summary

Issues:
1. Denial of Modvat credit based on invoices issued by an unregistered depot.
2. Eligibility of silicon cloth and stacker crane as capital goods under Rule 57Q.

Analysis:
1. The appeal was filed against the denial of Modvat credit by the Commissioner (Appeals) due to invoices issued by an unregistered depot. The appellant argued that the registration requirement was procedural and should not deny substantial benefits like Modvat credit. Citing case law, the appellant contended that Modvat credit should not be denied for procedural deviations. The Tribunal agreed, referencing previous judgments, and allowed the Modvat credit based on the invoices issued by the unregistered depot.

2. Regarding the eligibility of silicon cloth as a capital good, the Commissioner (Appeals) disallowed the claim stating it was a consumable item and did not qualify under the definition of capital goods. The appellant argued that silicon cloth was essential for the manufacturing process, similar to coated abrasive paper in another case. The Tribunal found merit in the appellant's argument, citing previous decisions, and allowed Modvat credit for silicon cloth.

3. Concerning the stacker crane, the Commissioner (Appeals) denied Modvat credit, stating it did not fall under the definition of capital goods. The appellant argued that stacker cranes were essential for material handling during the manufacturing process. Citing previous Tribunal decisions and Supreme Court rulings, the Tribunal allowed Modvat credit for the stacker crane, considering it part of the manufacturing process.

4. In conclusion, the Tribunal confirmed the denial of Modvat credit for silicon cloth but set aside the denial based on invoices issued by unregistered dealers and allowed Modvat credit for the stacker crane. The impugned order was modified accordingly, and Modvat credit was granted to the appellant as per the law.