2005 (12) TMI 488 - AT - Central Excise

Tribunal grants Modvat Credit for turbine components, emphasizing essential roles

The Tribunal overturned the denial of Modvat Credit for control panel and interconnecting cable, categorizing them as essential components rather than ... Cenvat/Modvat Issues:Modvat Credit denial for control panel and interconnecting cable as accessories or components.Analysis:The appeal challenged the denial of Modvat Credit to the appellants for declaring control panel and interconnecting cable as accessories for their final product, a steam turbine. The adjudicating authority and the Commissioner (Appeals) upheld the denial, leading to this appeal. The appellant argued that both items are essential for the turbine's functioning and are component parts, not accessories. On the other hand, the Department argued that the appellant's own declaration categorized the items as accessories, making them ineligible for Modvat Credit. The Department also contended that the turbine could operate without the interconnecting cable.Upon review, the Tribunal found that the interconnecting cable is crucial for transmitting power from the turbine to the distribution center, making it a component rather than an accessory. Without power distribution, the turbine's purpose of generating electricity would be defeated. Similarly, the control panel plays a vital role in controlling the turbine's activities like vibration, overheating, and temperature maintenance, ensuring smooth functioning. The Tribunal concluded that both the interconnecting cable and control panel are components necessary for the turbine's operation, making them eligible for Modvat Credit.In light of the above analysis, the Tribunal set aside the Order-in-Appeal, allowing the appeal and granting consequential relief, if any. The judgment emphasized the distinction between accessories and components based on the essential functions performed by the interconnecting cable and control panel in the operation of the turbine.