1989 (11) TMI 193 - Commissioner - Central Excise

Collector overturns disallowance of Modvat credit on foundry chemicals, emphasizes essential role in manufacturing process.

The Collector set aside the Assistant Collector's decision disallowing Modvat credit on foundry chemicals used in manufacturing final products. The appeal ... Modvat credit - Foundry chemicals Issues:1. Eligibility for Modvat credit on foundry chemicals used in manufacturing final products.2. Interpretation of Rule 57-I of Central Excise Rules, 1944.3. Exemption of moulds as intermediate products affecting Modvat credit eligibility.4. Essentiality of chemicals for heat treatment and purification in manufacturing final products.5. Lack of reasoning in the Assistant Collector's order.Analysis:The appeal pertained to the eligibility of Modvat credit on foundry chemicals used in manufacturing final products. The Assistant Collector disallowed the credit, stating the chemicals were not used in or in relation to the manufacture of final products. The appellant contended that the inputs were directly or relatively used in manufacturing final cast products, citing precedents and asserting the essentiality of the inputs in the manufacturing process.During the personal hearing, additional pleas were presented, highlighting the specific purposes for which the chemicals were used, including making moulds and cores, heat treatment, and treatment of molten metal. The appellant argued for credit eligibility based on the necessity of these chemicals for manufacturing castings.The Collector observed that inputs for moulds could not be considered inputs for the final product, Grey Iron Castings, as moulds were exempted and fell under a different category. However, the Collector acknowledged the importance of heat treatment and purification of molten metal in the manufacturing process. The Assistant Collector's order was criticized for lacking reasoning on why the inputs were deemed ineligible for credit.Consequently, the Collector set aside the impugned orders and remanded the case for further adjudication regarding chemicals acquired for purposes other than making moulds and cores. The decision emphasized the need for a detailed assessment of the chemicals' role in heat treatment and purification processes. The appeal was partially accepted, subject to the outcome of the reassessment by the Assistant Collector.