2000 (6) TMI 541 - AT - Central Excise

Summary

Issues:
Appeal against denial of Modvat credit on Lubricants, Whylheat, Ivalinocure A/B/C, and Fosil.

Analysis:
The appellants, engaged in manufacturing ingots/billets, were denied Modvat credit on certain items by the Department. The Commissioner (A) disallowed Modvat credit on lubricants and ramming mass, even though the Tribunal had previously held these items admissible as inputs. The appeal was made challenging this denial. The appellant's advocate argued that Modvat credit had been allowed by a Larger Bench of the Tribunal in a previous case, covering their case on lubricating oil. They also cited the use of Whylheat as ramming mass, supported by a decision of the Calcutta High Court. The advocate further contended that Evalinocure A/B/C and Fosil were eligible for Modvat credit based on precedents set by the Tribunal in other cases.

The advocate referenced a case where chemical bonded compounds used for sand mould preparation were deemed eligible for Modvat credit by a Larger Bench of the Tribunal. Similarly, the use of Fosil, a refractory-based compound for free tapping through EBT furnaces, was supported by a Tribunal decision in a different case. The advocate also highlighted a judgment where Modvat credit on lubricants as inputs was allowed, emphasizing the importance of the declaration filed by the assessee under Rule 57Q for extending credit, as seen in a previous case involving glass bottles.

After considering the submissions and case law cited by the appellant's counsel, the Tribunal found no reason to disagree with the findings of the Tribunal in the cases referenced. Consequently, the appeal was allowed, overturning the denial of Modvat credit on Lubricants, Whylheat, Ivalinocure A/B/C, and Fosil.