2000 (7) TMI 136 - AT - Central Excise

Summary

Issues:
1. Eligibility of Modvat credit for inputs used in the generation of steam and effluent treatment plant.
2. Eligibility of Modvat credit for inputs used in the manufacture of final products cleared under bond or at nil rate of duty.

Analysis:
1. Eligibility of Modvat credit for inputs used in the generation of steam and effluent treatment plant:
- The Tribunal considered whether chemicals used in the generation of steam and in the effluent treatment plant were eligible for Modvat credit.
- The Tribunal noted that in a previous order, it had remanded similar issues for de novo consideration and rejected the Revenue's appeal on the eligibility of Modvat credit for inputs used in the manufacture of final products cleared under bond or at nil rate of duty.
- Regarding the use of steam for electricity generation, the Tribunal found that further use of steam in the manufacturing process could make it eligible for Modvat credit. The matter was remanded to the original authority for physical verification and reconsideration.
- Concerning the effluent treatment plant, the Tribunal observed that the plant was within the registered factory premises. However, the nexus between the treated water and the manufacturing process needed verification. The issue was remanded for further consideration.

2. Eligibility of Modvat credit for inputs used in the manufacture of final products cleared under bond or at nil rate of duty:
- The Tribunal had previously rejected the Revenue's appeal on this issue, citing established case laws and judicial discipline.
- It was held that inputs used for manufacturing final products cleared under bond or at nil rate of duty could be eligible for Modvat credit. The Tribunal emphasized the importance of following precedential law in the absence of any stay or contrary decisions.
- The Tribunal reiterated its decision from the previous order and rejected the Revenue's appeal on this issue in the present case as well.

In conclusion, the Tribunal remanded the first two issues for de novo consideration to verify the facts and establish eligibility for Modvat credit. The third issue, which had already been rejected in a previous order, was once again rejected in the present judgment. The decision was made in line with established case laws and the need for physical verification to determine the eligibility of Modvat credit for inputs used in various processes.