2002 (10) TMI 121 - AT - Central Excise

Modvat Credit Allowed for Laboratory Equipment Spares

The Tribunal upheld the decision that spares for laboratory equipment and gas analyzers are eligible for Modvat credit under Rule 57Q, as they were not ... Modvat/Cenvat - Modvat on capital goods Issues:1. Interpretation of Rule 57Q regarding eligibility for Modvat credit on spares for laboratory equipment and gas analyzers.2. Application of Sl. No. 5 of the Table to Rule 57Q in determining capital goods eligibility.3. Analysis of Board circular clarifying the scope of components, spares, and accessories under Rule 57Q.Issue 1: Interpretation of Rule 57QThe appeal involved a dispute over the eligibility of Modvat credit for spares for laboratory equipment and gas analyzers. The Commissioner of Customs & Central Excise (Appeals) held that items classified as 'Components, Spares and Accessories' are covered by Sl. No. 5 of the Table to Rule 57Q. It was argued that Rule 57Q, effective from 1-3-97, specifically lists capital goods eligible for credit, excluding certain items. The appellant contended that if an item is not excluded in Sl. Nos. 1 to 4, spares of that item should be covered under Sl. No. 5. However, the Commissioner (Appeals) disagreed, stating that the items in question were excluded from the list of goods eligible for credit as per the table to Rule 57Q.Issue 2: Application of Sl. No. 5 of the Table to Rule 57QThe Respondents' Counsel argued that since the main item fell under a chapter heading not excluded under Rule 57Q, there was no justification to deny Modvat credit for the spares. The Counsel referenced the Board circular, which clarified that components, spares, and accessories of specified goods, regardless of their classification, were eligible for credit. The circular emphasized that all parts classifiable under any chapter heading and used with specified capital goods were eligible for Modvat credit. The Counsel's argument was supported by the circular and the interpretation of Sl. No. 5 of Rule 57Q, akin to the previous clause (d) of the rule.Issue 3: Analysis of Board CircularAfter considering both sides' submissions and the Board's circular, the Tribunal found that the main laboratory equipment item was not excluded under Rule 57Q. Therefore, there was no valid reason to deny Modvat credit for the spares related to the main item. The Tribunal upheld the analysis presented by the Respondents' Counsel, concluding that the appeal filed by the Department was dismissed due to the lack of infirmity in the impugned order.This detailed analysis of the judgment highlights the interpretation of Rule 57Q, the application of Sl. No. 5 of the Table to Rule 57Q, and the significance of the Board circular in determining the eligibility of Modvat credit for spares related to laboratory equipment and gas analyzers.