1999 (10) TMI 216 - AT - Central Excise

Tribunal affirms Modvat credit for specific goods as 'capital goods' under Rule 57Q

The Tribunal upheld the lower Appellate Authority's decision, allowing Modvat credit on specific goods as 'capital goods' under Rule 57Q. The Revenue's ... Modvat on capital goods Issues:Disallowed Modvat credit on certain goods - Appeal by Revenue against lower Appellate Authority's decision - Eligibility of goods as capital goods under Rule 57Q - Admissibility of Modvat credit.Analysis:1. The case involved the disallowance of Modvat credit on specific goods by the jurisdictional Asstt. Commissioner of Central Excise, which was later allowed by the Commissioner of Central Excise (Appeals). The Revenue filed an appeal before the Tribunal against the decision of the lower Appellate Authority.2. The lower Appellate Authority found that the goods in question were used in the production/processing of final products and thus qualified as 'capital goods' under Rule 57Q. The Revenue raised several grounds in their appeal, including the non-acceptance of a previous Tribunal decision, the goods not meeting the criteria of capital goods, and their ineligibility for Modvat credit.3. After considering the arguments presented by both parties, the Tribunal judge examined the utility of the goods in the manufacturing process. The judge referenced a previous Tribunal decision regarding the classification of 'Power Cable' as a necessary item for business operations, not consumable, and with high durability. The judge also noted that various other electrical items had been deemed as 'capital goods' eligible for Modvat credit under Rule 57Q. The judge concluded that the grounds of the Revenue's appeal were not valid based on the precedent set by the Tribunal's decisions.4. Consequently, the judge upheld the lower Appellate Authority's decision and dismissed the Revenue's appeal, affirming the admissibility of Modvat credit on the disputed goods as 'capital goods' under Rule 57Q.5. The final order was pronounced in open court on a specific date, concluding the legal proceedings in this matter.