2002 (1) TMI 1162 - AT - Central Excise

Appeal - Hearing - Personal hearing - Appeal to Appellate Tribunal - New plea - Modvat/Cenvat - Modvat on inputs

Summary

Issues:
1. Eligibility of Prilled Ammonium Nitrate and Primex as inputs for Modvat credit under Rule 57A.
2. Interpretation of Notification No. 63/95-C.E. regarding duty exemption for explosives.

Analysis:
1. The appellant claimed Modvat credit for using Prilled Ammonium Nitrate and Primex in manufacturing explosives at mines outside the cement factory. The Department argued that explosives made from these inputs were final products exempt from duty under Notification No. 63/95-C.E., thus no Modvat credit was admissible. However, the Tribunal rejected this argument as it was not raised earlier. The Tribunal found that both inputs were used in manufacturing explosives at the mines for mining limestone, which were then used at the cement factory. Citing the Jaypee Rewa Cement case, the Tribunal held that the inputs need not be brought to the factory for Modvat credit eligibility. As the explosives were captively consumed at the same site, they were considered intermediate products exempt from duty. Therefore, Modvat credit on inputs was admissible and could be used for excise duty payment on the final product.

2. The Tribunal analyzed the Notification No. 63/95-C.E. exemption, stating that explosives manufactured at mines and used on-site for mining were eligible for duty exemption. The question arose whether Modvat credit could be denied for inputs when intermediate products were exempt from duty while the final product was dutiable. Relying on previous Tribunal decisions, the Tribunal concluded that denying Modvat credit on inputs based on the duty exemption of intermediate products was not valid. The authorities were not justified in denying Modvat credit on Prilled Ammonium Nitrate and Primex during the relevant period. The Tribunal set aside the lower authorities' orders and allowed the appeal, granting consequential reliefs to the appellants.