2008 (7) TMI 700 - AT - Central Excise

Appellant's Modvat credit appeal denied for goods not meeting Rule 57-Q post-amendment

SPECTRUM ETHERS LTD. Versus COMMISSIONER OF CENTRAL EXCISE, NASIK

SPECTRUM ETHERS LTD. Versus COMMISSIONER OF CENTRAL EXCISE, NASIK - 2009 (233) E.L.T. 509 (Tri. - Mumbai) Issues:1. Denial of Modvat credit on goods not specified under Rule 57-Q2. Interpretation of the definition of capital goods post-amendment by Notification No. 14/96Analysis:1. The appellant was denied Modvat credit on goods not specified under Rule 57-Q as per Notification No. 14/96. The matter was remanded back to the original authority to reconsider in light of previous decisions. The original authority concluded that post-amendment, goods not falling under the specified Chapter Heading cannot be considered as capital goods. The appellant argued that installation and use in manufacturing should suffice, citing a Tribunal decision. However, the Tribunal found that the amendment's retrospective effect did not apply since the goods were imported post-amendment. As the imported goods did not fall under the specified capital goods definition, the Commissioner's decision was upheld, denying the appeal.2. The crux of the issue lies in the interpretation of the capital goods definition post-amendment. The Tribunal differentiated between goods imported before and after the Notification No. 14/96 amendment. For goods imported post-amendment, the revised definition of capital goods applies, and mere installation and use in manufacturing are insufficient if the goods do not align with the specified Chapter Heading. The Tribunal emphasized the lack of retrospective effect in this scenario, upholding the Commissioner's decision based on the updated capital goods definition. This case underscores the importance of aligning goods with the specified criteria post-amendment to claim Modvat credit, highlighting the significance of legal clarity in such matters to avoid disputes and ensure compliance with regulatory provisions.