2011 (10) TMI 206 - AT - Central Excise

Refund Claim of Cenvat - DTA converted into 100% EOU - Held that - Rule 100H of Central excise after conversion into a 100% EOU the appellants are not entitled to the MODVAT Scheme - CBEC Circular No. 77/99 is very clear in this regard and MODVAT credit if any lying in the balance of a DTA unit is liable to lapse after conversion into a 100% EOU.

Summary

Issues:
1. Appellant's appeal against disallowed MODVAT credit.
2. Conversion of unit into 100% EOU affecting MODVAT credit eligibility.
3. Refund claims rejection post-conversion.
4. Interpretation of Rule 100H of Central Excise Rules.
5. Applicability of CBEC Circular No. 77/99 to the case.
6. Pre-deposit of MODVAT account and lapse post-conversion.
7. Comparison with cited cases GMI Super Sales Agencies and Sun Pharmaceuticals Indus. Ltd.

Analysis:
1. The appeal was filed by the appellant against the disallowance of MODVAT credit amounting to Rs.10,79,568 by lower authorities. The Commissioner (Appeals) had initially allowed the appeal of the appellants, leading to the filing of refund claims after converting the unit into a 100% EOU.

2. The conversion into a 100% EOU impacted the eligibility of the appellant to claim MODVAT credit as per Rule 100H of the Central Excise Rules. The adjudicating authority rejected the refund claims citing inapplicability of Rule 57AB to 100% EOU, supported by CBEC Circular No. 77/99.

3. The appellant contended for cash refund of the amount involved in the claims due to their EOU status. They argued that the pre-deposit made in the MODVAT account should not be subject to lapse post-conversion, citing Tribunal decisions in similar cases.

4. The Tribunal observed that post-conversion into a 100% EOU, the appellants were not entitled to the MODVAT Scheme under Rule 100H. The CBEC Circular emphasized the lapse of any MODVAT credit in a DTA unit upon conversion into a 100% EOU.

5. The Commissioner (Appeals) distinguished the cited cases of GMI Super Sales Agencies and Sun Pharmaceuticals Indus. Ltd., highlighting the inapplicability of the MODVAT Scheme to the appellant post-conversion, as per Rule 100H during the relevant period.

6. Ultimately, the Tribunal dismissed the appeal, affirming that the MODVAT credit refund was not permissible to the appellant due to their conversion into a 100% EOU and the provisions of Rule 100H, along with the clear directive of CBEC Circular No. 77/99.

This comprehensive analysis outlines the key legal issues, arguments presented by both parties, relevant rules and circulars, and the final decision of the Tribunal based on the interpretation of the law and precedents cited.