2004 (8) TMI 553 - AT - Central Excise

Summary

Issues:
1. Duty liability on inputs contained in final products after opting out of Modvat Scheme.
2. Applicability of Rule 57H(7) of the Central Excise Rules.
3. Interpretation of relevant case laws on credit reversal.

Analysis:

1. Duty liability on inputs in final products:
The main issue in the appeals was whether the appellants were required to reverse the credit of duty on inputs contained in the final products after opting out of the Modvat Scheme. The appellants argued that they voluntarily paid duty on physically stocked inputs but not on inputs in final products. The Revenue contended that Rule 57H(7) mandated payment for credit utilized on inputs in final products at the time of opting for exemption. The Tribunal held that since the appellants opted for Small Scale Exemption based on the value of goods, Rule 57H(7) applied, requiring payment for credits on inputs in final products at the time of opting out of the scheme.

2. Applicability of Rule 57H(7):
The Tribunal emphasized the specific provision of Rule 57H(7) which mandates payment for the credit of inputs contained in finished excisable goods lying in stock upon opting for exemption under a notification based on clearances in a financial year. The Tribunal noted that the appellants were covered by this rule as they were availing benefits under the Small Scale Exemption. The Revenue's argument that the duty on inputs in final products was required to be paid at the time of opting out of the scheme was upheld based on the clear language of Rule 57H(7).

3. Interpretation of case laws:
The appellants relied on previous case laws to support their argument that credit reversal was not required. However, the Tribunal distinguished those cases based on the specific facts and provisions of Rule 57H(7) applicable in the present appeals. The Tribunal found that the decisions cited were not applicable to the circumstances of the case, as the appellants were obligated to reverse the credit of duty on inputs in final products as per the clear provisions of Rule 57H(7). Consequently, the Tribunal rejected the appeals, upholding the duty demand on inputs in final products at the time of opting out of the Modvat Scheme.

In conclusion, the Tribunal dismissed the appeals, affirming the duty liability on inputs contained in final products as mandated by Rule 57H(7) of the Central Excise Rules. The judgment highlighted the specific provisions governing credit reversal upon opting for exemption and differentiated the case from previous decisions based on the applicable legal framework.