2000 (8) TMI 216 - AT - Central Excise

Summary

Issues:
1. Interpretation of Rule 57CC regarding reversal of Modvat credit on Pulp transfer.
2. Determination of assessable value for reversal of Modvat credit.
3. Applicability of Rule 57CC to stock transfers.
4. Availability of Modvat credit on transferred intermediate products.

Detailed Analysis:
1. The case involved a dispute between the Revenue and the respondents regarding the reversal of Modvat credit on the transfer of Pulp, an intermediate product used in paper manufacturing. The Revenue contended that the price for credit reversal should be based on the sale price to independent buyers, not the cost price. The Commissioner (Appeals) held that Rule 57CC, which applies to the sale of exempted products, did not apply to stock transfers. The Tribunal agreed, emphasizing that Rule 57CC is triggered only when there is a sale of the product at a nil rate of duty.

2. Rule 57CC mandates payment equal to 8% of the sale price for goods cleared from the factory when there is a sale at nil duty rate. The definition of "sale" under Section 2(h) of the Central Excise Act was crucial in determining whether the rule applied to stock transfers within the same company. The Tribunal clarified that without a sale, Rule 57CC did not apply. It highlighted Rule 57CC(8), stating no reversal was needed when goods were not sold from the factory gate or other premises.

3. The Tribunal examined the availability of Modvat credit on intermediate products transferred between units of the same company for further processing. Citing a previous judgment, it concluded that Modvat credit on inputs used for intermediate products could be utilized for final product duty payment at the receiving unit. As Rule 57CC did not apply to stock transfers, the Tribunal upheld the availability of Modvat credit for payment of duty on the final product.

4. Considering the above analysis and the specific provisions of Rule 57CC, the Tribunal rejected the Revenue's appeal. It clarified that the correct assessable value for Modvat credit reversal did not apply to stock transfers. The decision ensured that the Modvat credit availed by the respondents on inputs for intermediate products could be utilized for duty payment on the final product at the receiving unit, maintaining revenue neutrality.