2000 (4) TMI 131 - AT - Central Excise

Summary

Issues:
1. Consideration of Modvat credit under Modvat scheme.
2. Interpretation of Modvat Rules regarding input lacquer utilization.
3. Entitlement to Modvat credit and procedural compliance under Rule 57F(2).
4. Reversal of Modvat credit for non-compliance with Modvat Rules.

Analysis:

Issue 1: Consideration of Modvat credit under Modvat scheme
The appeal was filed against the rejection of Modvat credit and penalty imposition under Rule 57F(2). The appellants utilized lacquer through a job worker without following the prescribed procedures. The lower authorities held that the appellants did not comply with the necessary procedures for receiving and forwarding goods to the job worker, thus concluding that they were not entitled to Modvat credit. The Tribunal upheld this decision, considering the Modvat scheme under Rule 57A, 57F, and 57G. Reference was also made to the Ujjagar Prints case judgment.

Issue 2: Interpretation of Modvat Rules regarding input lacquer utilization
The Tribunal affirmed the lower authorities' view that the lacquered polyester film received back from the job worker did not undergo a process amounting to manufacture. It was also held that cutting to size did not constitute manufacturing. The non-compliance with Rule 57F(3)(b) led to the reversal of Modvat credit for the period in question.

Issue 3: Entitlement to Modvat credit and procedural compliance under Rule 57F(2)
The rejection of the reference application by the lower authorities was based on the substantial violation of rules and settled judgments by the Apex Court. The appellants sought reference to the High Court, challenging this decision and emphasizing the questions of law involved in the matter.

Issue 4: Reversal of Modvat credit for non-compliance with Modvat Rules
The High Court directed the Registry to send the reference along with the order for answering the questions raised under Section 35G(3) and Section 35J of the Central Excise Act. This step was taken to seek clarification on the interpretation of the Modvat Rules and the entitlement to Modvat credit in the context of the procedural compliance by the appellants.

This detailed analysis covers the key issues raised in the judgment, providing a comprehensive understanding of the legal complexities involved in the case.