1999 (3) TMI 321 - AT - Central Excise

Summary

Issues:
1. Eligibility of Draw Frame & Speed Frame for credit as capital goods.

Analysis:
The appeal before the Appellate Tribunal CEGAT, Madras concerned the eligibility of Draw Frame & Speed Frame for credit as capital goods. The appeal was against the Order-in-Appeal passed by the Commissioner (Appeals), Trichy. Both authorities had deemed the items eligible for the benefit, which was contested by the Revenue in the appeal.

The learned Consultant referred to a previous case involving Hindustan Spinners 'B' Unit, where the Tribunal remanded the Revenue's appeal for reconsideration. The Consultant had no objection to remanding the current matter for redetermination in line with the Tribunal's direction in the Hindustan Spinners 'B' Unit case. The Senior Departmental Representative (SDR) also had no objection to remanding the matter for de novo consideration.

Upon careful consideration, the Tribunal noted that in the Hindustan Spinners 'B' Unit case, the Tribunal had already remanded the Revenue's appeal for reconsideration regarding the grant of Modvat credit for similar capital goods. In the present case, the matter concerned Draw Frame and Speed Frame. The Tribunal decided to remand the matter for de novo consideration, similar to the Hindustan Spinners 'B' Unit case.

The Tribunal highlighted that there were no clear findings on the eligibility of the items in question in the original and appellate orders. The Tribunal emphasized the need for de novo consideration by the original authority to address all points raised in the adjudication, including whether the goods were received before a specific date and the utilization of credit subsequently. The Tribunal directed the original authority to reconsider whether all three items were capital goods based on submissions from both sides.

In line with the previous case and the need for de novo consideration, the Tribunal set aside the impugned order and remanded the matter to the original authority for a fresh decision based on the findings and considerations outlined in the judgment.

In conclusion, the Appellate Tribunal CEGAT, Madras remanded the matter regarding the eligibility of Draw Frame & Speed Frame for credit as capital goods to the original authority for de novo consideration, following the principles established in a previous case and emphasizing the need for a thorough reevaluation of all relevant points.