2007 (2) TMI 536 - AT - Central Excise

Tribunal clarifies Modvat credit eligibility for pollution control and material handling equipment

DIAMOND CEMENTS LTD. Versus COMMISSIONER OF C. EX., BHOPAL

The Tribunal allowed Modvat credit for parts of pollution control equipment and material handling equipment, distinguishing them from welding electrodes ... Cenvat/Modvat Issues involved:1. Denial of Modvat credit for parts of Electronic equipment, Pollution control equipment, and Crusher calibrate gas and welding electrodes.Analysis:The appellants challenged the impugned order denying Modvat credit for various equipment parts. The issue of welding electrodes was settled by previous Tribunal decisions, stating manufacturers are not entitled to credit for welding electrodes as inputs or capital goods. Similarly, the denial of credit for calibrate gas was upheld. However, in the case of pollution control equipment, the definition of capital goods during the relevant period included machines, machinery plant, etc. As the appellants were manufacturing cement, which necessitates pollution control equipment, parts of such equipment were considered covered under the definition of capital goods. The Tribunal referred to a Supreme Court decision regarding material handling equipment, establishing that manufacturers are entitled to credit for capital goods or inputs used in mines. Consequently, the appellants were deemed entitled to credit for parts of material handling equipment. The Tribunal concluded that no penalty should be imposed in this case, and the appeals were disposed of accordingly.This judgment provides clarity on the eligibility of Modvat credit for various equipment parts, distinguishing between welding electrodes, calibrate gas, pollution control equipment, and material handling equipment. The decision was based on the definitions of capital goods and relevant precedents, ensuring fair treatment for the appellants in claiming credits for essential components of their manufacturing processes.