1996 (7) TMI 258 - AT - Central Excise

Crucibles not considered inputs under Rule 57A, timeliness of notice crucial. Consumable nature not decisive.

The Tribunal held that crucibles do not qualify as inputs under Rule 57A and upheld the Collector's decision as the show cause notice was not time-barred. ... Modvat - Crucible Issues: Whether 'Crucibles' are considered inputs under Rule 57A and whether the show cause notice is time-barred.Analysis:1. Input Classification under Rule 57A:The main issue in this case was determining whether 'Crucibles' qualify as inputs under Rule 57A. The appellant argued that crucibles were consumables used in the manufacturing process, citing precedents where similar items were considered consumables. The Tribunal discussed the exclusion clause of Rule 57A, which specifically mentions apparatus, equipment, and tools. The Tribunal acknowledged the existence of consumables used in manufacturing, such as release papers and soldering wires, which were permitted under Rule 57A. However, the Tribunal analyzed the specific use of crucibles in the manufacturing process. The Tribunal referred to definitions from dictionaries to establish that crucibles are apparatus used for melting or heating substances at high temperatures. Ultimately, the Tribunal held that crucibles do not qualify as inputs under Rule 57A, following the precedent set in a previous case involving graphite moulds.2. Time Bar of Show Cause Notice:The second issue revolved around the timeliness of the show cause notice. The appellant argued that the notice was barred by limitation since the declaration was filed before the notice was issued. The respondent contended that the date of availing credit, not the filing date of the declaration, was crucial for determining timeliness. The Tribunal clarified that the show cause notice was dated before the declaration filing date, making the appeal unsustainable on this ground. Additionally, the Tribunal dismissed the appellant's argument regarding the availability of Modvat on capital goods at the time, stating that it should have been raised earlier and was not relevant to the current proceedings.3. Judgment and Conclusion:The Tribunal, after considering arguments from both sides, concluded that crucibles do not qualify as inputs under Rule 57A due to their classification as apparatus used in the manufacturing process. The Tribunal emphasized that consumable nature and repeated use were not decisive factors in determining admissibility under Rule 57A. Furthermore, the Tribunal clarified that the previous two-Member Bench decision did not conclusively decide the admissibility of crucibles as inputs. Regarding the time bar issue, the Tribunal upheld the Collector's order, rejecting the appeal based on the timeliness of the show cause notice and dismissing the appellant's claim regarding Modvat on capital goods.In summary, the Tribunal ruled against considering crucibles as inputs under Rule 57A and upheld the Collector's decision due to the show cause notice not being time-barred.