2001 (7) TMI 603 - AT - Central Excise

Summary

Issues:
Whether certain goods on which Modvat credit has been taken were covered by the definition of capital goods under Rule 57Q.

Analysis:
The Revenue filed four appeals concerning the issue of whether goods, including synthetic fabric, cotton dryer, wire cloth, and felt, qualified as capital goods under Rule 57Q for Modvat credit. The appellants, engaged in manufacturing papers and paper boards, had taken Modvat credit on these items. The Revenue contended that these goods were not capital goods as they did not meet the definition under Rule 57Q. SCNs were issued to the appellants seeking explanations. The Assistant Commissioner considered the goods as parts and accessories of the machinery used in paper manufacturing, citing relevant case law. The Commissioner (Appeals) upheld this view. The Revenue challenged this decision through the appeals.

During the arguments, the Revenue's representative disputed a Tribunal decision and argued that the goods in question were not spares or accessories of capital goods and did not contribute to the manufacturing process. The representative requested the appeals to be allowed. On the other hand, the appellants' counsel reiterated that the goods were integral to the manufacturing process, serving as parts and accessories of the machinery. The counsel referenced case law supporting the eligibility of such goods for Modvat credit in paper manufacturing processes.

After considering the arguments and evidence presented, the judge concluded that the disputed goods were indeed parts and accessories of the machinery used in the manufacturing process, aligning with the process of manufacture verified by the Assistant Commissioner. As these goods qualified as parts and accessories of machinery, they fell within the definition of capital goods under Rule 57Q. Consequently, the judge upheld the lower authorities' decisions, rejecting all four appeals filed by the Revenue.