2005 (2) TMI 697 - AT - Central Excise

Summary

Issues:
1. Credit on capital goods indirectly used in production of finished goods.
2. Eligibility of credit of inputs duty not in the name of the respondents.
3. Eligibility of Modvat Credit on capital goods without filing declaration.

Analysis:

1. The first issue pertains to the allowance of credit on capital goods indirectly used in the production of finished goods. The Commissioner's decision was based on the Apex Court ruling in the case of CCE, Coimbatore v. Jawahar Mills Ltd. The Tribunal found no fault with the Commissioner's action in this regard.

2. The second issue involves the eligibility of credit of inputs duty amounting to Rs. 87,676, not in the name of the respondents. The Advocate for the respondents admitted the inadmissibility of this amount and agreed for its immediate payment. Consequently, the Tribunal set aside the order concerning this amount and directed the respondents to pay it.

3. The third issue revolves around the eligibility of Modvat Credit on certain capital goods for which no declaration was filed. The Department argued that the requirement of filing the declaration is substantial, citing the Apex Court's decision in Eagle Flask Industries Ltd. v. CCE, Pune. On the contrary, the Advocate for the respondents contended that the case at hand differs from Eagle Flask as Rule 57T has a sub-rule relaxing the main provisions. The Advocate supported this argument with references to various Tribunal decisions. After thorough consideration, the Tribunal concluded that the requirement of filing the declaration has been relaxed by the insertion of sub-rule (13) in Rule 57T. Given the relaxation and subsequent dispensation of the filing requirement, the Tribunal found no reason to interfere with the Commissioner's order. Additionally, the Tribunal noted that the Commissioner had already penalized the appellants for contravention of the rule, which was deemed sufficient to meet the ends of justice.

In conclusion, the appeal was partly allowed concerning the second issue, while the rest of the impugned order was upheld. The Tribunal's decision was pronounced in court on 23rd February 2005.