1997 (6) TMI 144 - AT - Central Excise

Tribunal grants Stay application for duty waiver, penalty, and recovery proceedings, recognizing Switch Boards as capital goods.

JINDAL STRIPS LIMITED Versus COMMISSIONER OF CENTRAL EXCISE, NEW DELHI

The Tribunal allowed the Stay application for the waiver of duty amount and penalty, and stay of recovery proceedings. It held that Switch Boards, though ... Stay/Dispensation of pre-deposit - Modvat - Capital goods Issues:- Stay application for waiver of pre-deposit of duty amount and penalty, and stay of recovery proceedings.- Disallowance of Modvat credit on Switch Boards under Rule 57Q of the Central Excise Rules.- Interpretation of the definition of capital goods under Rule 57Q.- Applicability of previous Tribunal decisions on similar cases.- Analysis of whether Switch Boards were used directly in the manufacturing process.- Consideration of indirect usage for Modvat credit eligibility.- Decision on the Stay application based on the arguments presented.Analysis:The judgment pertains to a Stay application filed for the waiver of pre-deposit of duty amount and penalty, along with a stay of recovery proceedings. The issue at hand revolves around the disallowance of Modvat credit on Switch Boards under Rule 57Q of the Central Excise Rules. The Commissioner had disallowed the credit, stating that Switch Boards do not fall under the definition of capital goods as per Rule 57Q. The Advocate for the applicants argued that the Switch Boards played a significant role in the manufacturing process of finished goods, citing previous Tribunal decisions supporting their claim.The Departmental Representative contended that the Switch Boards were not directly used in the manufacturing process of finished products, thus making the appellants ineligible for Modvat credit under Rule 57Q. The Collector's analysis highlighted that the Switch Boards were used for power distribution and control, not as accessories of machinery for manufacturing purposes. The Collector emphasized that the Switch Boards did not meet the definition of capital goods under Rule 57Q, as they were utilized for power regulation at the power station and synchronizing power sources.Upon reviewing the arguments and records, the Tribunal acknowledged the main role played by the Switch Boards in the manufacturing process, even if indirectly. The Tribunal rejected the notion that direct usage with finished products was a prerequisite for Modvat credit eligibility. In light of the arguments presented and the interpretation of the law, the Tribunal found in favor of the party seeking the Stay application. Consequently, the Stay application was allowed unconditionally, overturning the denial of Modvat credit and ordering relief for the applicants.