2000 (4) TMI 440 - AT - Central Excise

Summary

Issues:
Appeal against denial of Modvat credit on Rubber Sleeves and Wool felts.

Analysis:
1. The appeals arose from the Commissioner (Appeals), Jaipur's order denying Modvat credit on Rubber Sleeves and Wool felts. The Asstt. Commissioner adjudicated four Show Cause Notices, ruling the items were not inputs under Rule 57A of the Central Excise Rules, 1944. The Commissioner (Appeals) upheld these orders.

2. The appellants' counsel argued that Rubber Sleeves and Wool felts are crucial for manufacturing glass shells, the final products. The manufacturing process involves quality control to ensure defect-free glass shells. Rubber sleeves are used in a Pumice machine to remove defects from raw glass panels, while wool felts are used in a rough machine for fine finishing. The counsel contended that these items are essential inputs for the final product and should qualify for Modvat credit under Rule 57A.

3. The counsel further argued that the disputed items were not accessories but inputs essential for finishing the glass shells. They cited precedents and Tribunal decisions to support their claim that Rubber Sleeves and Wool felts should be considered eligible inputs for Modvat credit under Rule 57A.

4. The Respondent's defense was based on the view that the items were consumed in the manufacturing process without becoming part of the final product, thus not qualifying as inputs under Rule 57A. They also argued that the exclusion clause in Rule 57A covered accessories, including Rubber Sleeves and Wool felts, as parts of machines.

5. The Tribunal analyzed the exclusion clause in Rule 57A in the context of previous decisions. Following the Union Carbide case, it was held that parts or accessories of excluded items would be eligible for Modvat credit. Citing precedents like Leader Engineering Works and CCE v. Sarada Plywood Industries, the Tribunal concluded that items used for finishing the final product are eligible for Modvat credit under Rule 57A.

6. Consequently, the Tribunal allowed both appeals, setting aside the impugned order and ruling that Rubber Sleeves and Wool felts are eligible for Modvat credit under Rule 57A. The Appellants were granted consequential relief as per the law.