2000 (12) TMI 118 - AT - Central Excise

Summary

Issues: Scope and effect of Rule 57Q(7) in light of Rule 57S(8)

The appeal before the Appellate Tribunal CEGAT, New Delhi raised the issue of the scope and effect of Rule 57Q(7) in relation to Rule 57S(8). The case involved a manufacturer of three-wheeler vehicles who availed Modvat credit on Moulds and Dies transferred to job workers before installation in their factory. The Commissioner alleged a contravention of Rule 57Q(7) and Rules 57S(8)(9)(10). The appellant voluntarily reversed the credit before the show cause notice was issued. The Tribunal analyzed the provisions of Rule 57Q(7) and Rule 57S, emphasizing that Moulds and Dies could be removed to job workers under certain conditions. The Tribunal found that the Commissioner erred in concluding a violation of the rules and imposed an unjustified penalty of Rs. 10 Lakhs under Rule 173Q(1)(bb). The Tribunal set aside the Commissioner's order, ruling in favor of the appellant.

The Tribunal clarified that Rule 57Q(7) should not be viewed in isolation but in conjunction with Rule 57S(8) which allows for the removal of Moulds and Dies to job workers under specific conditions. The Tribunal highlighted that the appellant strictly complied with the provisions of Rule 57S(8)(9)(10) by receiving the Moulds and Dies in their factory, obtaining permission for removal to job workers, and following all necessary procedures. The Tribunal emphasized that the appellant had reversed the Modvat credit entry before utilizing it and that the penalty imposed was unwarranted. The Tribunal held that the Commissioner's understanding of the rules was flawed as Moulds and Dies did not need to be installed in the manufacturer's factory before being transferred to job workers. The Tribunal concluded that the appellant rightfully availed the Modvat credit and set aside the penalty imposed by the Commissioner.

In conclusion, the Appellate Tribunal CEGAT, New Delhi addressed the issue of the scope and effect of Rule 57Q(7) in light of Rule 57S(8) in a case involving the transfer of Moulds and Dies to job workers by a manufacturer. The Tribunal found that the Commissioner's allegations of contravention of the rules were unfounded, as the appellant had complied with all necessary procedures and reversed the Modvat credit entry before any utilization. The Tribunal set aside the penalty imposed by the Commissioner, ruling in favor of the appellant and providing consequential relief.