2000 (1) TMI 425 - AT - Central Excise

Summary

Issues:
Whether goods like electric motors, cables, etc., without directly participating in the manufacturing process, are to be considered capital goods under Rule 57Q(1) Explanation.

Analysis:
The Departmental Representative argues that only goods used for producing or processing goods or bringing about a change in substance for manufacturing final products qualify as capital goods. The goods in question, like equipment for electricity distribution or motors for energy conversion, do not directly affect the manufacturing process. They are essential but not directly involved in production.

The respondent's advocate cites Tribunal decisions and a Supreme Court ruling to support considering such goods as capital goods. However, the presiding judge finds no ambiguity in Rule 57Q(1) that requires clarification from the Explanation. The sub-rule defines the use of duty credit on capital goods, with the Explanation specifying the term "capital goods." Any ambiguity lies within the Explanation itself.

The judge acknowledges the potential ambiguity in interpreting the Explanation's definition of capital goods. The Explanation limits capital goods to items directly used in producing or processing goods. However, some argue that interconnected electrical machinery is integral to the manufacturing process, making them essential for production.

Given the interpretational ambiguity and the practical implications, the judge deems it necessary to refer the question to the High Court for clarity. There is a discussion on how certain goods, like electrical distribution equipment, play a dual role in production and providing necessary conditions for manufacturing. The parties agree to reformulate the question for reference to the High Court regarding the classification of essential equipment like transformers, cables, and electric motors as capital goods under Rule 57Q(1) Explanation.

Ultimately, the tribunal instructs the registry to prepare a statement of the case for referral to the High Court, seeking a definitive ruling on whether goods like electric distribution equipment, crucial for modern manufacturing processes, qualify as capital goods under the relevant rule.