1998 (7) TMI 218

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....d April, 1995 and May, 1995 on certain goods as Capital goods under Rule 57Q(1) of the Central Excise Rules, 1944. Commissioner of Central Excise, Raipur by impugned adjudication order dated 2nd February, 1996 allowed credit on some of the goods but denied it on certain others and imposed a penalty of Rs. 1,50,000. The total amount on which Modvat credit was disallowed was Rs. 17,37,149. Hence the present appeal. 2. Shri P.M. Parekh, General Manager of the Appellants Company appeared for the appellants before us. For the Department Shri D.K. Nayyar, JDR argued the case. 3. Representative of the appellants submitted that Modvat credit had been disallowed to them on six categories of items whose functions he explained as under....

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....pellants relied on Tribunal order in Collector of Central Excise v. Rajasthan Chemicals, 1991 (55) E.L.T. 444 in support of his contention regarding eligibility for Modvat of storage tanks. As regards electrical goods he relied on Modi Alkalies and Chemicals v. CCE [1996 (88) E.L.T. 555]. In support of their claim for Modvat credit on Chain Pulley, Representative of Appellants relied on Tribunal decision in Madras Cements v. CCE [1996 (84) E.L.T. 369]. He also submitted that the imposition of penalty was totally unwarranted in their case as there was no question of any mala fide intent on their part. 4. Ld. JDR, Shri D.K. Nayyar, referred to the impugned order and submitted that the Commissioner had considered the function/role of e....

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.... also draw attention to and relied on the recent decision of the Tribunal, in CCE, Coimbatore v. Shanmugharaja Spinning Mills [1997 (89) E.L.T. 84] to contend that to be considered eligible as capital goods under Rule 57Q the items have to be shown to have a close nexus to the final product and direct participation in the manufacturing process. He, therefore, submitted that unless the tests referred to in the said decision are fully satisfied the items on which Modvat credit under Rule 57Q is claimed such claim cannot be accepted. He therefore, submitted that no interference is called for in the impugned order. 6. We have carefully considered the arguments advanced on both sides. On the question of admissibility to Modvat credit und....