2005 (6) TMI 103 - AT - Central Excise

Summary

Issues:
1. Admissibility of capital goods credit under Rule 57Q for cement used in construction of civil foundation.
2. Admissibility of capital goods credit for Tooth Points component of Hydraulic Excavator used outside the factory.
3. Eligibility of 20 mm Rod material for capital goods credit.

Analysis:

1. The first issue pertains to the admissibility of capital goods credit under Rule 57Q for cement used in the construction of civil foundation. The Tribunal considered previous decisions and ruled in favor of the respondents, citing that Modvat credit was previously allowed for cement in a similar case. The Tribunal preferred the decision of the Chennai Bench over other Benches, ultimately dismissing the appeal of the Revenue.

2. Moving on to the second issue regarding the Tooth Points component of the Hydraulic Excavator used outside the factory, the Tribunal found that Rule 57Q did not permit Modvat credit on capital goods used outside the factory during the relevant period. Citing the Supreme Court's decision in a related case, the Tribunal concluded that the benefit of Modvat credit was not applicable to the Tooth Points component.

3. Lastly, the issue of the eligibility of 20 mm Rod material for capital goods credit was addressed. The Tribunal held that structural materials like Steel Rods, including the 20 mm Rod material used in the fabrication of a new cement mill, were eligible for capital goods credit under Rule 57Q. Despite the Department's appeal to the Apex Court, as there was no stay on the Tribunal's order, the benefit of capital goods credit was deemed admissible for the 20 mm Rod material.

In conclusion, the Tribunal allowed capital goods credit for cement and the 20 mm Rod material but denied such credit for the Tooth Points component. Therefore, Appeal Nos. E/583 to 585/2004 were partly allowed based on the specific eligibility criteria outlined for each item.