1999 (6) TMI 246 - AT - Central Excise

Summary

Issues involved:
1. Availability of capital goods credit under Rule 57Q of the Central Excise Rules for Frequency Converter, Motor Protection Switch, and ACB 2500 Amp.

Detailed Analysis:

1. The appeal questioned the availability of capital goods credit for specific items under Rule 57Q of the Central Excise Rules. The Assistant Commissioner initially disallowed the credit, emphasizing that the items in question did not contribute directly or indirectly to the manufacturing process of the final product. The Commissioner (Appeals) upheld this decision, citing the timing of goods receipt before a specific notification.

2. The appellant's representative argued that a precedent set by the Larger Bench of the Tribunal in a different case confirmed the eligibility of the disputed items for capital goods credit. The Departmental Representative, however, supported the decisions of the lower authorities.

3. Upon review, the judge referenced the Larger Bench's ruling in the Jawahar Mills case, which clarified the interpretation of capital goods eligible for credit under Rule 57Q. The judge highlighted that the expression "used for producing of any goods for the manufacture of the final product" should not be narrowly construed. The judge emphasized that the eligibility should be determined based on the language of the provision at the relevant time.

4. Following the precedent set by the Larger Bench, the judge concluded that the appellants were entitled to capital goods credit for the Frequency Converter and Motor Protection Switch, as these items were essential for production. However, due to insufficient information regarding the function of ACB 2500 Amp, the judge decided to remand the matter to the Assistant Commissioner for further verification and determination of its eligibility for credit.

5. Consequently, the judge set aside the penalty imposed on the appellants and disposed of the appeal based on the above considerations, ensuring a fair assessment of the eligibility for capital goods credit under Rule 57Q of the Central Excise Rules.