2003 (10) TMI 596 - AT - Central Excise

Summary

Issues:
1. Extension of capital goods credit on specific items used for power transmission.
2. Disallowance of credit on certain goods.
3. Availment of credit prior to the commencement of actual production.

Analysis:
1. The first issue pertains to the extension of capital goods credit on items such as power distribution board, electrical motors, etc., used for power transmission. The Revenue challenged the extension of credit amounting to Rs. 80,47,576/- for the period between November 1994 to June 1995. The Tribunal examined the details of the goods for which credit was disallowed, including electrical apparatus, voltage stabilizers, circuit breakers, welding electrodes, capacitors, motor control centers, safety valves, and others. The Tribunal noted that all these items were either electrical equipment or used for producing or processing goods, falling under the definition of capital goods even prior to 16-3-1995, as per the judgment in the case of CCE v. Jawahar Mills Ltd. The Tribunal, therefore, upheld the extension of credit on these items.

2. The second issue focused on the disallowance of credit on specific goods by the Revenue. The Tribunal addressed the objection raised by the Revenue regarding the availment of credit on capital goods before the actual commencement of production in the factory. The Revenue contended that credit cannot be granted for goods acquired before the commencement of production. However, the Tribunal referred to the prohibition introduced on 26-12-1994, and noted that since production commenced on 23-1-1995, credit could not be denied on this ground. Consequently, the Tribunal held that the respondents were entitled to the extension of credit even if it was availed before the commencement of production.

3. In conclusion, the Tribunal upheld the impugned order and rejected the appeal filed by the Revenue. By analyzing the issues related to the extension of capital goods credit, disallowance of credit on certain goods, and the timing of credit availment concerning the commencement of production, the Tribunal provided a comprehensive judgment based on legal precedents and relevant regulations.