1997 (9) TMI 318 - AT - Central Excise

Summary

Issues:
Grant of Modvat credit for generating sets of 25 KVA capacity under Rule 57Q definition of capital goods.

Analysis:
The appeal concerns the grant of Modvat credit for generating sets of 25 KVA capacity under the Rule 57Q definition of capital goods. Initially, Rule 57Q defined capital goods as including generating sets exceeding 75 KVA under Heading 85.02. The lower appellate authority denied Modvat credit as the generating sets procured were below 75 KVA. However, Notification 14/96 broadened the definition to include all goods falling under Heading 85.02 as capital goods for Modvat purposes. The absence of respondents led to a reference to a previous case where a similar amendment was considered clarificatory, allowing Modvat credit. The Tribunal noted that the amendment incorporated tariff headings instead of general descriptions for Modvat credit eligibility. Notably, the Tribunal did not address the specific issue of generating sets below 75 KVA under the original Rule 57Q definition.

The appellant reiterated the grounds of appeal, focusing on the discrepancy in allowing Modvat credit for generating sets of 25 KVA capacity. The crux of the matter lies in the original Rule 57Q definition, which only considered generating sets exceeding 75 KVA as capital goods under Heading 85.02. The subsequent Notification 14/96 expanded the scope to include all generating sets under Heading 85.02 for Modvat credit. This expansion was deemed beyond a mere clarification, unlike the case cited by the respondents. As the original definition did not encompass generating sets below 75 KVA, the allowance of Modvat credit for 25 KVA sets was deemed inappropriate. Consequently, the Tribunal held in favor of the Revenue, allowing their appeal and upholding the denial of Modvat credit for generating sets of 25 KVA rating.

In conclusion, the judgment revolves around the interpretation of the Rule 57Q definition of capital goods in the context of Modvat credit eligibility for generating sets. The Tribunal's analysis focused on the impact of Notification 14/96, which broadened the scope of goods eligible for Modvat credit under Heading 85.02. The decision underscores the importance of aligning procurement practices with the specific criteria outlined in the relevant regulations to determine the availability of Modvat credit for capital goods like generating sets.