2006 (11) TMI 108 - HC - Central Excise

Credit on capital goods Declaration filed on getting registration not on arrival of goods in factory Credit cannot be denied on ground of wrong declaration as in terms of amendment in Rule 57T, credit is admissible In view of circular 441/99, amended rule is applicable to present case

Summary

Issues:
1. Interpretation of Rule 57T of the Central Excise Rules, 1944 regarding Modvat credit on capital goods.
2. Commencement of time for filing declaration for availing Modvat credit.
3. Applicability of amended rules and circulars to pending cases.

Analysis:
The appeal before the High Court involved the interpretation of Rule 57T of the Central Excise Rules, 1944 concerning the entitlement to Modvat credit on capital goods. The assessee, engaged in the manufacture of card-clothing, filed a declaration for Modvat credit on capital goods received in the factory. The Original Authority denied the credit due to a delay in filing the declaration beyond the prescribed time limit. On appeal, the Commissioner (Appeals) upheld the claim, stating that the time for filing the declaration commenced from the date the factory was registered. The Tribunal dismissed the revenue's appeal, citing previous decisions. The revenue contended that the rule should be strictly construed, emphasizing the non-filing of the declaration within the stipulated period. However, the assessee argued that the rule was amended, and circulars specified the application of the amended rule to pending cases.

The assessee's counsel highlighted the amendment to Rule 57T and circulars issued by the department, arguing that the amended rule should apply to pending cases, including the present one. Referring to relevant case law, the counsel emphasized the binding nature of circulars on authorities under the statute. The counsel for the revenue failed to demonstrate how the assessee's case was not covered by the amended rule and circulars, which entitled the assessee to Modvat credit. Consequently, the High Court found no substantial question of law for consideration and dismissed the appeal.

In conclusion, the High Court's judgment clarified the interpretation of Rule 57T regarding Modvat credit on capital goods, the commencement of the time for filing the declaration, and the applicability of amended rules and circulars to pending cases. The decision underscored the importance of considering amendments and circulars in determining the entitlement to benefits under excise rules, ultimately leading to the dismissal of the revenue's appeal.