2007 (9) TMI 66 - AT - Central Excise

Credit on Capital Goods can be taken if not used exclusively in mfg. of exempted goods Credit on CG used in mfg. of dutiable goods can be taken Computers help in monitoring so credit is admissible even if installed in office Credit on electrodes & paint (used to protect plant) is allowed

Summary

Issues:
1. Entitlement to avail Modvat/Cenvat credit on capital goods used for manufacturing refined oil and vanaspathy, including the clearance of Acid Oil.
2. Eligibility of computers, paint, and welding electrodes for Modvat/Cenvat credit.
3. Interpretation of rules regarding the definition of capital goods and their usage in the factory.
4. Dispute over the manufacturing process of Acid Oil and its connection to the capital goods installed in the refinery.
5. Application of larger period for recovery of wrongly taken credit.
6. Justification for setting aside the demand and penalty imposed on the assessee.

Analysis:
1. The Commissioner found that the assessee was not entitled to credit on capital goods used in the manufacture of exempted final products in the refinery. However, the Acid Oil, a byproduct, was cleared on duty payment from a separate plant. The assessee argued that Acid Oil was an integral part of the factory, supported by approved ground plans and declarations filed with the department. The Tribunal agreed, stating that the impugned goods were used for multiple products, including Acid Oil, justifying the credit taken.

2. Regarding computers, paint, and welding electrodes, the Commissioner denied credit, stating they were not directly involved in manufacturing operations. However, the Tribunal disagreed, noting that computers monitored production, and paint/electrodes were essential for plant setup. Citing precedent, the Tribunal allowed credit for these items.

3. The Tribunal analyzed the rules defining capital goods and their usage in the factory, emphasizing that the impugned goods were indeed part of the factory. It clarified that credit could not be denied solely based on the manufacture of exempted goods, as multiple products were being produced using the capital goods.

4. The dispute over Acid Oil's manufacturing process and its relation to the refinery's capital goods was resolved in favor of the assessee. Declarations and records indicated the legitimate use of capital goods for Acid Oil production, justifying the credit claimed.

5. The Tribunal rejected the invocation of a larger recovery period, as the assessee had complied with declarations and paid duty on products like PFAD. The credit taken was deemed legitimate, and no suppression of facts was found, leading to the dismissal of the demand and penalty imposed.

6. Ultimately, the Tribunal found the demand and penalty unjustified, setting aside the impugned order and allowing the appeal in favor of the assessee. The decision was based on the proper application of rules, declarations, and the legitimate use of capital goods in various manufacturing processes.