1998 (9) TMI 353 - AT - Central Excise

Summary

Issues:
1. Interpretation of Rule 57Q regarding the definition of capital goods.
2. Eligibility of Fork Lift Trucks and Cranes for Modvat credit.
3. Consistency in Tribunal decisions on the issue.

Analysis:
1. The primary issue in this case revolved around the interpretation of Rule 57Q concerning the definition of capital goods. The Department contended that Fork Lift Trucks and Cranes did not fall under the definition provided in the rule, thereby denying the Respondent-Assessees the benefit of Modvat credit. However, the ld. Commissioner (Appeals) disagreed and allowed the Modvat credit based on previous Tribunal decisions.

2. The second issue addressed the eligibility of Fork Lift Trucks and Cranes for Modvat credit. The Departmental authorities had denied the benefit of Modvat credit on the basis that these items were not considered capital goods under Rule 57Q. On the contrary, the Respondent-Assessees argued that these material handling equipment were essential in the process of manufacturing the final product, citing previous Tribunal decisions to support their claim.

3. The final issue focused on the consistency of Tribunal decisions regarding the eligibility of Fork Lift Trucks and Cranes for Modvat credit. The Respondent-Assessees highlighted various Tribunal judgments, such as C.C.E., Meerut v. India Glycols Limited and M/s. Century Cements Limited, which supported their stance that these items were indeed used in the manufacturing process. The Tribunal, after considering the arguments from both sides and reviewing the case law presented, concluded that Fork Lift Trucks and Cranes qualified as material handling equipment crucial in the manufacturing process, thereby upholding the decision to allow Modvat credit on these items.

In conclusion, the Tribunal upheld the decision of the ld. Commissioner (Appeals) and rejected the Appeals filed by the Revenue, emphasizing that Fork Lift Trucks and Cranes were integral to the manufacturing process and eligible for Modvat credit as capital goods under Rule 57Q.