2001 (8) TMI 228 - AT - Central Excise

Manufacturer wins credit appeal for goods in Mumbai CEGAT ruling under Rule 57Q and 57A

The Appellate Tribunal CEGAT, Mumbai, ruled in favor of the manufacturer, Torrent Gujarat Bio-Tech Ltd., allowing credit for all goods except water ... Modvat/Cenvat - Modvat on capital goods Issues: Eligibility of manufacturer to take credit under Rule 57Q, classification of goods, eligibility of water purification chemicals for credit under Rule 57AIn the judgment delivered by the Appellate Tribunal CEGAT, Mumbai, the question at hand was the eligibility of the manufacturer, Torrent Gujarat Bio-Tech Ltd., to take credit under Rule 57Q. The Commissioner (Appeals) had issued two orders, one extending the benefit to certain goods and denying it to others. The Department appealed against the extension of benefits, while the assessee appealed against the denial of credit. The primary contention raised by the department in each appeal was that the capital goods in question were not specified in Rule 57Q at the relevant time and did not fall within the description of goods used for production or processing to manufacture the final product.The Tribunal first addressed the appeals of the assessee, focusing on the classification of goods in question, including storage tanks, electrical transformers, pipes, fittings, and electrical motors. Referring to the decision of the Larger Bench in Jawahar Mills v. CCE, it was emphasized that the expression 'goods used for producing or processing' should not be narrowly construed to include only machinery directly involved in the process. Applying this interpretation, all goods, except water purification chemicals, were considered capital goods eligible for credit under Rule 57Q.Regarding the exception of water purification chemicals, the manufacturer argued that they should be entitled to credit under Rule 57A, despite not being specified under that rule. The Tribunal noted that the chemicals were essential for producing the final product and were included in the declaration filed under Rule 57T, indicating the intention to use them for manufacturing. Citing precedents, the Tribunal held that the failure to specify the inputs under Rule 57T should not bar the claim for credit, especially if the use of inputs was communicated to the Department. Consequently, the Tribunal ruled in favor of granting credit for the water purification chemicals under Rule 57A.Ultimately, the appeals filed by the department were dismissed, allowing the appeals by the assessee related to the eligibility of goods for credit under Rule 57Q and Rule 57A.