2003 (12) TMI 374 - AT - Central Excise

Summary

Issues:
Appeal against adjudication order passed by Commissioner of Central Excise regarding Modvat credit on capital goods under Rule 57R(3) of Central Excise Rules.

Analysis:
The appeal before the Appellate Tribunal CESTAT, New Delhi was filed by the Revenue challenging the adjudication order passed by the Commissioner of Central Excise. The respondents, engaged in manufacturing excisable goods, were availing the benefit of Modvat credit on inputs and capital goods. A show cause notice was issued to them for allegedly not complying with the provisions of Rule 57R(3) of the Central Excise Rules concerning Modvat credit on capital goods. However, the adjudicating authority decided to drop the proceedings.

The appellants argued that they had not complied with the condition of Rule 57R(3) as they failed to provide evidence that the Excise duty on the capital goods was paid by them since the goods were received under a lease agreement. On the other hand, the respondents contended that they had furnished a certificate from the capital goods manufacturer confirming that they had paid the Excise duty. Additionally, they presented a certificate from the finance company indicating that the lease amount did not include the Excise duty, which was separately paid by the respondents. This evidence was submitted before the adjudicating authority.

The Tribunal observed that the Excise duty on the capital goods was indeed paid by the respondents and was not part of the lease agreement. Consequently, the Tribunal found no fault in the impugned order and dismissed the appeal. The judgment underscores the importance of complying with the statutory provisions regarding Modvat credit on capital goods and the significance of providing adequate evidence to substantiate the payment of Excise duty.