2003 (7) TMI 532 - AT - Central Excise

Summary

Issues:
1. Availability of MODVAT Credit on Anti-static Oil.

Detailed Analysis:
The appeal involved the issue of whether MODVAT Credit of the duty paid on Anti-static Oil is available to the appellant, M/s. Hemtex Synthetics Pvt. Ltd. Initially, the Modvat credit was disallowed to the appellants because they had declared "Blended Lubricating Oil" under Heading No. 27.10 of the Schedule to the Central Excise Tariff Act, while the inputs were declared as "Anti-static Oil" under Sub-heading No. 2710.90 by the supplier. The Commissioner (Appeals) upheld the disallowance stating that the benefit of Modvat credit should have been specifically declared for the specific product under Rule 57G of the Central Excise Rules, 1944. However, the appellants argued that different manufacturers describe the oil used in texturising differently, such as Anti-static Oil, Blended Lubricating Oil, etc. They contended that the broad-based description in the declaration is sufficient for compliance, and the requirement of Rule 57G declaration has become redundant post an amendment.

Upon considering the submissions, it was noted that Rule 57G was amended by Notification No. 7/99-C.E., inserting Sub-Rule (11) which clarified that credit cannot be denied for minor procedural lapses in the declaration. Referring to a previous case, the Larger Bench of the Tribunal interpreted this Sub-Rule in favor of the appellants, allowing credit where the inputs were not specifically declared. In the present case, it was acknowledged that the appellants had filed a declaration for Blended Lubricating Oil, and it was undisputed that the Anti-static Oil, used for texturising yarn, had suffered duty and was being used in the manufacturing process. A circular by the Central Board of Excise and Customs further supported this interpretation, emphasizing that minor procedural lapses should not hinder the allowance of credit if the inputs have suffered duty and are being used in the manufacturing process. Consequently, the impugned order disallowing the Modvat credit was set aside, and the appeal was allowed.