2005 (6) TMI 130 - AT - Central Excise

Tribunal allows Modvat credit on M.S. Plates, Asbestos Yarn Packing, CF Structures

The Tribunal allowed the appeal of the assessee regarding the disallowance of Modvat credit on M.S. Plates, citing their use in maintaining machinery. The ... Cenvat/Modvat - Capital goods Issues:1. Disallowance of Modvat credit on M.S. Plates2. Dispute over Modvat credit on Asbestos Yarn Packing and CF StructuresAnalysis:Issue 1: Disallowance of Modvat credit on M.S. PlatesThe assessee, engaged in sugar manufacturing, challenged the disallowance of Modvat credit on M.S. Plates. The Tribunal found that the plates were used for maintaining machines and machinery parts, making them eligible for credit. The Tribunal cited precedents like Perambalur Sugar Mills Ltd. and Global Sugar Ltd., where similar credits were allowed. The Tribunal upheld the appeal, setting aside the Commissioner (Appeals) order disallowing the credit.Issue 2: Dispute over Modvat credit on Asbestos Yarn Packing and CF StructuresRegarding the disputed Modvat credit on Asbestos Yarn Packing and CF Structures, the Tribunal found the impugned order well-founded. Citing the case of KCP Sugar & Indus. Ltd., which held asbestos packing as eligible capital goods for credit, the Tribunal upheld the Commissioner (Appeals) decision to allow the credit on these items. Additionally, the Tribunal supported the Commissioner's decision to allow credit on CF structures, as it was used in the factory and had been previously accepted by the Revenue. The Tribunal dismissed the Revenue's appeal, upholding the Modvat credit for both Asbestos Yarn Packing and CF Structures.In conclusion, the Tribunal allowed the appeal of the assessee related to M.S. Plates while dismissing the Revenue's appeal concerning Asbestos Yarn Packing and CF Structures. The judgments were based on the eligibility of the items for Modvat credit as established by precedents and their use in the manufacturing process.