2001 (7) TMI 600 - AT - Central Excise

Summary

Issues:
1. Disallowance of Modvat credit on certain items under Rule 57Q of Central Excise Rules, 1944.
2. Imposition of penalty based on the disallowance of Modvat credit.

Analysis:

Issue 1: Disallowance of Modvat credit on certain items under Rule 57Q:
The appeal challenged the decision of the Commissioner (Appeals) confirming the demand of duty and imposition of penalty on M/s Winsome Spinners Ltd. for availing Modvat credit on items like insulated cables, air tight doors, Electronic Yarn Evenness Tester, and synthetic tapes. The authorities disallowed the Modvat credit and imposed a penalty, leading to the appeal. The appellant argued that these items qualified as capital goods for Rule 57Q purposes based on precedents and their functional use. The appellant cited cases like Jawahar Mills Ltd., Madura Coats Ltd., and CCE, Chandigarh v. Winsome Spinners to support their claim for Modvat credit on the mentioned items.

Analysis of Specific Items:
- Insulated Cables: The Tribunal confirmed the admissibility of Modvat credit on insulated cables based on the precedent set by the Larger Bench decision in Jawahar Mills Ltd.
- Air Tight Doors: Modvat credit was denied for air tight doors due to the lack of technical evidence establishing them as part of a machine used for dehumidification purposes.
- Electronic Yarn Evenness Tester: The Tribunal ruled against granting Modvat credit on this item as it did not fall under the relevant notification for Quality Control Equipment during the period in question.
- Synthetic Tapes: Modvat credit was allowed for synthetic tapes as they were considered part of machinery, specifically used for driving spindles, making them eligible as capital goods under Rule 57Q.

Issue 2: Imposition of Penalty:
The penalty imposed was reduced to Rs. 10,000 based on the Tribunal's findings regarding the admissibility of Modvat credit on the mentioned items. The appeal was disposed of with the above decisions regarding Modvat credit and penalty reduction.

In conclusion, the judgment addressed the disallowance of Modvat credit on specific items under Rule 57Q, considering their classification as capital goods based on precedents and functional analysis. The penalty imposed was reduced in light of the Tribunal's rulings on Modvat credit eligibility for the items in question.