2004 (4) TMI 358 - AT - Central Excise

Appeal success on Modvat credit for pollution control equipment parts, penalty reduced

The appeal was allowed in favor of the appellant concerning the denial of Modvat credit on Filter Bags and Spares for Bag Filter, as these items were ... Cenvat/Modvat - Capital goods Issues:1. Denial of Modvat credit on Filter Bags and Spares for Bag Filter.2. Denial of Modvat credit on Cartridge Heater under Heading 85.16.3. Imposition of penalty by the adjudicating authority.Analysis:1. The appellant contested the denial of Modvat credit on Filter Bags and Spares for Bag Filter used as part of pollution control equipment. The appellant, engaged in cement manufacturing, argued that these items are integral parts of pollution control equipment necessary for a cement plant's operation. The Tribunal referred to a previous case where a similar claim was allowed, establishing the entitlement of such parts as capital goods. Consequently, the denial of credit for these parts was deemed unsustainable, and the appeal was allowed in favor of the appellant.2. Regarding the denial of Modvat credit on Cartridge Heater classified under Heading 85.16, the appellant claimed that the Heater was essential for temperature indication in gearbox operations. However, the authorities contended that the Cartridge Heater, primarily a heating device, did not serve the functions claimed by the appellant related to pressurized airflow or oil flow monitoring. Consequently, the appellant was not granted the benefit of Modvat credit for the Cartridge Heater, and the appeal on this issue was dismissed.3. Additionally, the adjudicating authority imposed a penalty of Rs. 2 lakhs, which was challenged in the appeal. Given the outcome of the Modvat credit disputes, the penalty was reviewed, considering the circumstances of the case. As the denial of Modvat credit was partially upheld, the penalty was reduced to Rs. 1,000. Thus, the appeal was disposed of with the modified penalty amount.This judgment from the Appellate Tribunal CESTAT, New Delhi, addressed the issues of Modvat credit denial on specific items used in pollution control equipment and the classification of a Cartridge Heater under Heading 85.16. The decision provided detailed reasoning for each issue, citing relevant precedents and considerations to determine the entitlement to Modvat credit. The penalty imposed by the adjudicating authority was also revisited and adjusted based on the outcome of the appeal on the Modvat credit disputes.