2000 (6) TMI 343 - AT - Central Excise

Summary

Issues: Disallowance of Modvat credit on Hindustan Dumper under Rule 57U of Central Excise Rules due to location of mines outside factory premises.

Analysis:
1. The appeal challenges the disallowance of Modvat credit on dumpers under Rule 57U of the Central Excise Rules, citing that the dumpers were used within the factory premises and not solely for mine activities. The Commissioner (Appeals) based the disallowance on the ground plan approved by the Central Excise Superintendent showing mines outside the factory premises.

2. The appellant's counsel argues that previous orders, including one by the Deputy Commissioner, acknowledged the mines as part of the factory premises. The counsel contends that the Commissioner (Appeals) erred in rejecting the claim based on incorrect facts, as the show cause notice did not mention the location of mines, focusing solely on the Modvat credit issue.

3. The Departmental Representative asserts that physical verification revealed the mines were outside the factory premises as per the approved plan. Citing precedents like Vikas Industrial Gas and India Cements, it is argued that capital goods used away from the factory are not eligible for Modvat credit.

4. Upon review, the Tribunal finds discrepancies between the Commissioner (Appeals) decision and previous orders recognizing the mines within the factory premises. Due to the lack of original records for verification, the Tribunal remands the matter to the original authority for reconsideration. The Tribunal emphasizes that if the dumpers are indeed used within the factory premises, Modvat credit should be granted in line with relevant judgments.

5. Consequently, the appeal is allowed for remand to the original authority for a detailed reconsideration, ensuring the appellants are heard in the process to determine the eligibility of Modvat credit based on the correct location and usage of the dumpers within the factory premises.