2000 (6) TMI 745 - AT - Central Excise

Summary

Issues:
Challenge to adjudication order by Commissioner of Central Excise, New Delhi regarding Modvat Credit and Countervailing duty paid on sheets contained in scrap.

Modvat Credit for Clock and Antenna Assembly:
The Commissioner challenged the order allowing Modvat Credit for clock and antenna assembly while excluding the value of tool kits and jack assembly from the vehicles' value. The Tribunal referred to a previous order and dismissed the objection, following the same reasoning. The appeal was rejected concerning this issue.

Countervailing Duty on Sheets Containing Scrap:
The Department contested the Modvat credit availed on waste and scrap, arguing it was inadmissible as the scrap arose during manufacturing in a bonded warehouse. The Commissioner found no contravention as the manufacturing activities were authorized. The respondents imported sheets, cut them into panels, and cleared the waste as scrap. They sold the waste to customers, paying the required duties. The Commissioner held that the Modvat credit was rightfully claimed on steel sheets used in manufacturing panels, and no credit was taken on waste and scrap as alleged in the show cause notice. The Tribunal upheld the Commissioner's decision, emphasizing that the duty payment stages did not affect the credit eligibility.

Interpretation of Rule 57G(2) - Duty Liability on Imported Sheets:
The Department argued that duty liability on imported sheets contained in scrap and body panels should have been discharged before manufacturing, citing Rule 57G(2). They contended that since duty was not paid on the sheets before manufacturing, the credit on the scrap portion was impermissible. The Tribunal disagreed, stating that as long as the steel sheets were duty paid and scrap was cleared with duty payment, the Modvat credit was valid, regardless of the duty payment stages.

Conclusion:
After considering arguments and records, the Tribunal found that the respondents had appropriately paid duties on steel sheets and waste scrap, making the duty payment stages irrelevant. The Tribunal agreed with the Commissioner's reasoning and rejected the appeal, finding no merit in challenging the Modvat credit availed by the respondents.