2004 (5) TMI 574 - AT - Central Excise

Summary

Issues:
1. Entitlement to Modvat/Cenvat credit on molasses used for manufacturing non-excisable Indian Made Liquor.
2. Application of Rule 57CC/57AD in the case of molasses used for non-excisable products.
3. Reversal of Modvat/Cenvat credit on molasses used for Indian Made Liquor production.
4. Interpretation of the term "final product" under Rule 57CC in relation to excisable and non-excisable products.

Analysis:
1. The appeal was filed by M/s. Ugar Sugar Works Ltd. against the Commissioner of Central Excise's order disallowing Modvat/Cenvat credit on molasses used for manufacturing Indian Made Liquor (IML), a non-excisable product. The dispute revolved around the usage of molasses in the production process, where the appellants claimed credit based on the final products' duty classification.

2. The department contended that the appellants could not avail of the benefit under Rule 57CC/57AD for molasses used in manufacturing non-excisable IML. The Commissioner held that the appellants suppressed information regarding IML production to claim inadmissible Modvat/Cenvat credit. Consequently, a demand was raised, penalties imposed, and interest charged.

3. The appellants argued that they followed the required procedures, including paying 8% on exempted final products like Rectified Spirit. They maintained that their practice of reversing 8% on captively consumed rectified spirit for IML production was correct, citing relevant tribunal decisions supporting their position.

4. The Tribunal analyzed the issue of whether the appellants should reverse the entire Modvat/Cenvat credit on molasses used for IML or only 8% of the value of rectified spirit under Rule 57CC. Referring to precedent cases, the Tribunal determined that the appellants were entitled to avail Modvat credit on molasses and were liable to pay 8% of the rectified spirit value used for IML production. The Tribunal clarified the distinction between excisable and non-excisable products under Rule 57CC, emphasizing the applicability of the rule to excisable goods.

5. In conclusion, the Tribunal found in favor of the appellants, citing precedents and rejecting the department's arguments. The decision highlighted the classification of rectified spirit as an excisable product, subject to the provisions of Rule 57CC, and emphasized the distinction between excisable and non-excisable final products in determining Modvat/Cenvat credit reversals. The appeal was allowed, overturning the Commissioner's order.

This detailed analysis of the judgment provides a comprehensive understanding of the legal issues, arguments presented by both parties, relevant legal provisions, and the Tribunal's decision based on precedent cases and statutory interpretations.