2003 (3) TMI 240 - AT - Central Excise

Modvat Credit Eligibility Criteria Clarified by Tribunal Decision

JAYPEE BELA PLANT Versus COMMISSIONER OF CENTRAL EXCISE, RAIPUR

The Tribunal held that dumpers and hydraulic excavators used for transporting limestone from mines to the factory do not qualify for Modvat credit under ... Cenvat/Modvat - Modvat on capital goods Issues Involved:1. Eligibility of certain items to Modvat credit u/r 57Q of the Central Excise Rules, 1944.Summary:1. Dumper, Hydraulic Excavator, etc.:The Tribunal examined whether dumpers and hydraulic excavators used for transporting limestone from mines to the factory qualify for Modvat credit u/r 57Q. The Tribunal concluded that since these items are used in the mines and not within the factory premises, they do not satisfy the requirement of being used in the factory as per Rule 57Q. Hence, Modvat credit is not available for these items.2. Galvanised Steel Structure:The Tribunal upheld the Commissioner's decision that galvanized steel structures used in the foundation for setting up a sub-station are not covered under the definition of capital goods u/r 57Q. These structures are considered civil work and not eligible for Modvat credit.3. Platform Canopy Sheet:The Tribunal agreed with the Commissioner that platform canopy sheets, part of the bag house equipment, are civil structures and not capital goods. Therefore, Modvat credit is not available for these items.4. Light Fittings:The Tribunal found that light fittings, although essential for illuminating the plant, do not qualify as capital goods u/r 57Q. They are not used in producing or processing goods. However, the case was remanded to verify the correct amount of duty involved.5. Closed Circuit Television System (CCTV) and Printer Trolleys:The Tribunal held that CCTVs used to monitor the production process are eligible for Modvat credit as they participate in producing or processing goods. However, printer trolleys, used merely to keep printers and pages, do not qualify as capital goods.6. Transformer:The Tribunal allowed Modvat credit for transformers used in processing or producing goods, irrespective of their capacity. The Tribunal referred to the Supreme Court's decision in Jawahar Mills Ltd., which supports the eligibility of such equipment for Modvat credit.7. Packaged Air-Conditioners:The Tribunal denied Modvat credit for air conditioners installed in the control room, citing the specific exclusion of Heading 84.15 from the definition of capital goods during the relevant period.8. Cable Trays and Accessories Ladders Type:The Tribunal accepted that cable trays and accessories used to connect electrically operated machines are accessories to the coal stacker-reclaimer and thus qualify for Modvat credit.9. Penalty:Given the interpretative nature of the term 'capital goods,' the Tribunal set aside the penalty imposed on the appellants.Disposition:The appeal was disposed of in the above terms.