2009 (8) TMI 84 - HC - Central Excise

Modvat / Cenvat Credit use of Furnance Oil as input - final product i.e. tyres drawn by animal vehicles Tribunal held tthat the assesse in that case is entitled to Modvat credit by the fuel used by them order of tribunal sustained

Summary

Issues:
1. Challenge to Order of Customs, Excise and Service Tax Appellate Tribunal
2. Eligibility for Modvat Credit on Furnace Oil
3. Interpretation of Rule 57A and Rule 57CC

Issue 1: Challenge to Order of Customs, Excise and Service Tax Appellate Tribunal
The appellant, referred to as Revenue, challenged the Order passed by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) in Appeal no. E/1385/02 dated 30.03.2004. The respondent, referred to as Assessee, a Limited Company engaged in manufacturing tyres of Animal Drawn Vehicles, claimed entitlement to Modvat credit on Furnace Oil used as a fuel during the manufacturing process.

Issue 2: Eligibility for Modvat Credit on Furnace Oil
The dispute arose when the Joint Commissioner of Customs and Central Excise issued a show cause notice to the respondent regarding the inadmissible Modvat Credit availed on Furnace Oil. The Revenue contended that the Modvat Credit period was not eligible under Rule 57-A of Central Excise Rules 1944. The respondent argued that Furnace Oil was a common input used in manufacturing both dutiable and non-dutiable products. The Joint Commissioner confirmed a demand against the respondent, imposing a penalty, which was upheld by the Commissioner (Appeals) but later overturned by CESTAT.

Issue 3: Interpretation of Rule 57A and Rule 57CC
The High Court framed three Substantial Questions of Law, addressing the interpretation of Rule 57A and Rule 57CC. The Court analyzed the definition of 'input' under Rule 57A, emphasizing the allowance of credit on inputs used in the manufacture of final products. The Court upheld the CESTAT's interpretation of Rule 57A, rejecting the findings of the Lower Authorities. Reference was made to judicial pronouncements, including the judgments of Punjab and Haryana High Court and Union of India vs. Flex Chemicals Ltd., supporting the entitlement to Modvat credit on fuel used in manufacturing processes.

In conclusion, the High Court found no perversity in the CESTAT's Order, deeming it just and legal. The appeal challenging the CESTAT's decision was dismissed, upholding the Order dated 30.03.2004, without any costs awarded.