2007 (10) TMI 9 - SC - Customs

Cenvat/Modvat - Issue arises who is the eligible person for the claim of Cenvat credit whether manufacture or the person whom being offer to work under contract - After considering all the detail SC allow Cenvat credit to the manufacture

Summary

Issues Involved:
1. Entitlement to Modvat Credit
2. Terms and Conditions of the Contract
3. Interpretation of Contractual Clauses
4. Role of the Arbitrator and Judicial Review

Detailed Analysis:

1. Entitlement to Modvat Credit:
The primary issue is whether the appellant, Security Printing and Minting Corporation of India Limited, was entitled to the benefit of Modvat credit. The claimant argued that Modvat credit was only available to the manufacturer under Rule 57A of the Central Excise Rules, 1994. The security press contended that the claimant must pass on the Modvat credit to them, as stipulated in the supply order dated 31.5.1995. The Arbitrator ruled in favor of the claimant, stating that the Modvat credit could not be claimed by the security press as it was only available to the manufacturer (the claimant). This decision was affirmed by the Single Judge and the Division Bench of the High Court.

2. Terms and Conditions of the Contract:
The contract's terms and conditions, particularly the clause regarding Modvat credit, were central to the dispute. The relevant clause in the supply order stated: "Modvat Credit, if any, availed by the Firm against element of Excise Duty included in the Base Paper, is to be passed on to the India Security Press." The claimant protested this clause, arguing it was extraneous to the tender conditions. Despite the protest, the claimant continued to supply goods under the contract, which included this clause.

3. Interpretation of Contractual Clauses:
The Arbitrator's interpretation was that the Modvat credit clause was not part of the original tender conditions and thus should not bind the claimant. However, the Supreme Court found this interpretation incorrect, emphasizing that the terms of the completed contract (supply order dated 31.5.1995) were binding. The Court held that the claimant, having continued to supply goods under the contract despite protesting the Modvat clause, was bound by the contract's terms.

4. Role of the Arbitrator and Judicial Review:
The Supreme Court reviewed the Arbitrator's decision, which was affirmed by the lower courts. The Court noted that while judicial interference in arbitration awards is limited, it is permissible when the award is patently illegal or against the fundamental policy of Indian law. The Court found the Arbitrator's decision to be patently illegal because it contradicted the explicit terms of the contract. The Court emphasized that once a contract is concluded, its terms govern the parties' obligations, not the preliminary tender conditions.

Conclusion:
The Supreme Court allowed the appeal, setting aside the Arbitrator's decision and the affirmations by the Single Judge and the Division Bench of the High Court. The Court ruled that the appellant-security press was entitled to retain the amount equivalent to the Modvat credit, as the terms of the completed contract were binding. The decision underscores the principle that the terms of a concluded contract override any prior conditions or advertisements.