2002 (4) TMI 672 - AT - Central Excise

Tribunal: Rubber sheets as 'capital goods' in dispute

COMMISSIONER OF CENTRAL EXCISE, CHENNAI Versus SPIC LTD.

The Tribunal ruled in favor of the appellant, determining that rubber sheets used for manufacturing gaskets qualified as 'capital goods' under Rule 57Q, ... Reference to High Court - Modvat on capital goods Issues:1. Determination of whether rubber sheets used for manufacturing gaskets are considered 'capital goods' or a component/accessory of specified goods under Rule 57Q.Analysis:The case involved a dispute regarding the classification of rubber sheets utilized for producing gaskets as either 'capital goods' or components/accessories of specified goods under Rule 57Q. The appellant, a company challenging the Commissioner (Appeals) order, contended that the rubber sheets were essential for maintenance purposes directly related to the manufacturing process of caustic soda. The Tribunal, in its Final Order, supported the appellant's argument by emphasizing that the rubber sheets were utilized in maintaining plant and machinery crucial for manufacturing the final product. Drawing parallels with previous case law, the Tribunal concluded that the rubber sheets qualified for Modvat credit under Rule 57Q, overturning the previous decisions and granting the appeal with consequential relief.Subsequently, the Commissioner of Central Excise, Chennai, dissatisfied with the Tribunal's decision, filed a reference application before the Hon'ble High Court of Judicature at Madras under Section 35 (i) of the C.E. Act. The High Court directed the Tribunal to compile a statement of facts and refer the question regarding the classification of rubber sheets as capital goods for a legal determination. Following the High Court's directive, the Tribunal was instructed to submit the statement and relevant materials to the High Court for further consideration by the appropriate Bench. The matter was resolved in accordance with the High Court's instructions, with the Registry of CEGAT facilitating the transmission of the necessary documents to the Registrar of the Hon'ble High Court at Madras for addressing the raised question and providing a legal resolution.In conclusion, the judgment highlighted the importance of correctly categorizing inputs like rubber sheets in the context of capital goods eligibility under Rule 57Q, emphasizing the direct link between such inputs and the maintenance of essential machinery in the manufacturing process. The legal proceedings underscored the significance of adherence to statutory provisions and the need for judicial review to clarify contentious issues related to the classification of goods for taxation purposes.