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of <h1>Tribunal allows appeal on Modvat credit for X-ray films in manufacturing, clarifies input definition</h1> <h3>ASCO INDUSTRIAL CORPORATION Versus COLLECTOR OF C. EX., NEW DELHI</h3> ASCO INDUSTRIAL CORPORATION Versus COLLECTOR OF C. EX., NEW DELHI - 1995 (78) E.L.T. 125 (Tribunal) Issues:1. Eligibility for Modvat credit in respect of X-ray Films used for testing welded products.2. Interpretation of the term 'input' under Rule 57A of the Central Excise Rules.3. Application of Radiographic examination in the manufacturing process.4. Admissibility of Modvat credit on X-ray films for detecting defects on welded joints.Analysis:Issue 1: The appeal challenges the rejection of Modvat credit for X-ray Films used in testing welded products. The Assistant Collector and the Collector (Appeals) concluded that the films are part of testing equipment, not eligible inputs. Appellant argues that Radiographic examination is essential for quality control of cylinders holding toxic products under pressure.Issue 2: The definition of 'input' under Rule 57A is crucial. The Collector (Appeals) held X-ray films as equipment for testing, not covered under the definition. Appellant cites a Supreme Court decision emphasizing processes integral to manufacturing. The Tribunal disagrees, stating X-ray films are consumable items, not part of the Radiography machine.Issue 3: The mandatory Radiographic examination for welded products is highlighted. Appellant stresses its necessity for ensuring product quality, as per Gas Cylinder Rules and Bureau of Indian Standard regulations. The Tribunal acknowledges the importance of Radiographic tests in the manufacturing process.Issue 4: The admissibility of Modvat credit on X-ray films for detecting defects on welded joints is debated. The Circular by the Central Board of Excise & Customs is referenced, stating inadmissibility. However, the Tribunal finds that the use of X-ray films in manufacturing cylinders makes them eligible inputs, not excluded under the term 'input.'In conclusion, the Tribunal sets aside the order rejecting the Modvat credit for X-ray films, allowing the appeal. The decision emphasizes the importance of Radiographic examination in ensuring product quality and clarifies the eligibility of X-ray films as inputs in the manufacturing process, contrary to the Collector (Appeals) interpretation.
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