2005 (5) TMI 429 - AT - Central Excise

Summary

Issues:
1. Whether taking credit for capital goods before installation results in denial of credit.

Analysis:
The judgment by the Appellate Tribunal CESTAT, Mumbai, dealt with the issue of whether taking credit for capital goods before their actual installation would lead to the denial of credit to the appellants. The appellant's representative argued that although the credit was taken 20 days before installation, it was not utilized until after installation. The advocate highlighted Rule 57Q(7) and contended that the condition of installation did not apply to the specific goods in question, which were tools not requiring formal installation. Additionally, the advocate referenced previous tribunal decisions to support the claim that denial of credit based on pre-installation availing was not justified. The tribunal cited cases like Philips India Ltd. v. Commissioner of Central Excise, Mumbai, and Natraj Engineers Pvt. Ltd. v. Commissioner of Central Excise, Patna, to strengthen the argument.

The tribunal considered the arguments presented by the appellant's representative and the learned DR. It noted that previous decisions, including the case of Modi Alkalies & Chemicals Ltd. v. Commissioner of Central Excise, Jaipur, supported the view that denial of credit for capital goods availed before installation was not warranted, particularly when formal installation was not required. Based on this analysis, the tribunal set aside the impugned order and allowed the appeal, granting consequential relief to the appellants. The judgment emphasized that the denial of credit solely on the grounds of pre-installation availing was not justified, especially in cases where installation formalities were not applicable to the goods in question.