2005 (1) TMI 492 - AT - Central Excise

Summary

Issues:
- Quantification of duty on steam sold to sister company
- Reversal of Modvat credit on DM Water used in steam production
- Application of Rule 57CC of the Central Excise Rules, 1944

Quantification of duty on steam sold to sister company:
The issue in this case revolved around the duty quantification on steam sold to a sister company. The Tribunal examined the records and the arguments from both sides. The Appellant had sold steam, an exempted product, to their sister company. The Department had quantified duty on the steam, but the focus should have been on quantifying the input credit taken on DM Water used in steam production. The Appellant agreed to reverse the Modvat credit on DM Water used in manufacturing the steam sold to their sister company. The Tribunal, after considering submissions, directed the Appellant to reverse Modvat credit only on the DM Water quantity used in manufacturing the steam sold to the sister company. The Tribunal clarified that the Appellant was not required to pay 8% of the duty amount under Rule 57CC of the Central Excise Rules, 1944. The Tribunal allowed the appeals by remanding the case for a fresh order, granting the Appellants an opportunity to present further evidence.

Reversal of Modvat credit on DM Water used in steam production:
The Tribunal analyzed the issue of reversing Modvat credit on DM Water utilized in the production of steam sold to the sister company. The Appellant agreed to reverse the Modvat credit on the DM Water quantity that went into manufacturing the steam sold to their sister concern. The Tribunal, after examining the submissions and records, concluded that the Appellant should reverse the Modvat credit only on the DM Water amount used in producing the steam sold to the sister company. This decision was made without requiring the Appellant to pay 8% of the duty amount under Rule 57CC of the Central Excise Rules, 1944. The Tribunal directed the original authority to issue a fresh order, allowing the Appellants to provide additional evidence if necessary. Consequently, all three appeals were allowed by remand.

Application of Rule 57CC of the Central Excise Rules, 1944:
Regarding the application of Rule 57CC of the Central Excise Rules, 1944, the Tribunal clarified that the Appellant was not obligated to pay 8% of the duty amount. The Tribunal's decision focused on the reversal of Modvat credit specifically on the DM Water input used in the production of steam sold to the sister company. By exempting the Appellant from the 8% payment requirement under Rule 57CC, the Tribunal emphasized the necessity of reversing the Modvat credit solely on the DM Water quantity that contributed to the steam manufactured for sale to the sister concern. The Tribunal's direction for a fresh order allowed for a fair opportunity for the Appellants to present any additional evidence in the matter, ensuring a comprehensive review of the case.

This detailed analysis of the judgment highlights the Tribunal's considerations and decisions on the issues of duty quantification, Modvat credit reversal, and the application of Rule 57CC in the context of the case.