2007 (7) TMI 491 - AT - Central Excise

Cenvat/Modvat - Inputs - input sent out by the appellant to be used as denaturant Ethyl Alcohol and the said denatured Ethyl Alcohol is brought back to the appellant s factory and consumed for their manufacturing - Held that - the appellant is eligible to send the inputs on which credit has been availed by them outside the factory and receive back. As long as the dispatch of the inputs and receipt of the same, subsequently, into the factory premises in some form or otherwise, is not in dispute, the Modvat credit on such inputs cannot be denied to the appellant - appeal allowed.

Summary

Issues:
Denial of Modvat credit on inputs sent out for denaturant Ethyl Alcohol and brought back for manufacturing.

Analysis:
The appeal was against the denial of Modvat credit on inputs sent out by the appellant for denaturant Ethyl Alcohol and later brought back for manufacturing. The ld. Commissioner (Appeals) relied on the judgment of the Hon'ble Supreme Court in C.C.E., Jaipur v. J.K. Udaipur Udyog to reject the appellant's claim. However, the Hon'ble Supreme Court in the case of Vikram Cement v. C.C.E. overturned the decision in J.K. Udaipur Udyog, stating that it was not good law. The three judges Bench emphasized that under the Cenvat Rules, the decision in Jaypee Rewa Cement should be followed. Therefore, the reliance on J.K. Udaipur Udyog by the ld. Commissioner (Appeals) was deemed incorrect.

The judgment clarified that as per the decision in Vikram Cement, the appellant was eligible to send out inputs on which credit was availed and receive them back for use in manufacturing, even if done outside the factory premises. The crucial point was the dispatch and receipt of inputs, not their location during the process. Since the dispatch and receipt were not in dispute, Modvat credit could not be denied to the appellant. Consequently, the impugned order was set aside, and the appeal was allowed with any consequential relief.

In conclusion, the judgment highlighted the importance of the Vikram Cement case in overturning the decision in J.K. Udaipur Udyog regarding Modvat credit on inputs sent out and brought back for manufacturing. The ruling emphasized the need for consistency in applying the Cenvat Rules and upheld the appellant's right to claim credit for inputs used in their manufacturing process, irrespective of the location of use.