2006 (8) TMI 226 - AT - Central Excise

Summary

Issues: Eligibility of Modvat credit on capital goods, Definition of capital goods during the period June 1995

In the judgment by the Appellate Tribunal CESTAT, New Delhi, the issue of the eligibility of Modvat credit on capital goods, specifically air conditioners, was addressed. The Larger Bench was referred to after noting conflicting decisions in previous cases. The definition of capital goods under Rule 57Q of the Central Excise Rules was crucial, with changes over time. During the period in question, June 1995, the definition included machines, machinery, plant, equipment, components, spare parts, accessories, moulds, dies, generating sets, and weigh-bridges used in manufacturing. Notably, there was no specific exclusion clause for air conditioners as capital goods during this period.

The Tribunal highlighted the absence of an exclusion clause for air conditioners as capital goods in the relevant definition during June 1995. This distinction was crucial as it differentiated the case from previous judgments where such exclusions existed. The Tribunal emphasized that the scope of capital goods during the disputed period was clear based on the definition applicable at that time. Consequently, the issue referred to the Larger Bench was deemed irrelevant to the present case, leading to the return of the matter to the Single Member Bench for further consideration and decision.