2002 (3) TMI 93 - AT - Central Excise

Summary

Issues:
1. Eligibility to avail Modvat credit on waste generated in the manufacturing process.
2. Interpretation of Rule 57C regarding eligibility for Modvat credit on inputs.

Issue 1: Eligibility to avail Modvat credit on waste generated in the manufacturing process
The case involved the respondents engaged in manufacturing gas-filled glass bulbs, generating waste in the process, and claiming Modvat credit on inputs. The Revenue contended that since the final product, gas-filled bulbs, was exempt, Modvat credit on inputs should not be allowed. The Tribunal noted that waste generated was a specified item under Rule 57A and held that the respondents could avail Modvat credit on the waste cleared by them on payment of duty. The Tribunal emphasized that waste, as a specified product on which duty was paid, qualified as a final product for Modvat credit purposes, supporting its decision with a CBEC clarification allowing credit for waste and scrap under Rule 57AA(c) for Cenvat, which was deemed applicable to Modvat as well.

Issue 2: Interpretation of Rule 57C regarding eligibility for Modvat credit on inputs
The Revenue argued that Rule 57C's embargo on Modvat credit applied since the final product, gas-filled bulbs, was exempt. They contended that the respondents were not eligible for Modvat credit on inputs used in manufacturing the exempt final product. However, the Tribunal disagreed, stating that waste, being a specified product on which duty was paid, qualified as a final product for Modvat credit purposes. The Tribunal highlighted that the CBEC clarification allowing credit for waste and scrap under Rule 57AA(c) supported the respondents' eligibility for Modvat credit on the waste generated during the manufacturing process. Consequently, the Tribunal rejected the Revenue's appeal, upholding the respondents' right to avail Modvat credit on the waste cleared by them on payment of duty.

This judgment clarifies the eligibility of manufacturers to claim Modvat credit on waste generated during the manufacturing process of exempt final products. It underscores the significance of waste as a specified item under Rule 57A and establishes that waste, when cleared on payment of duty, qualifies as a final product for Modvat credit purposes. The Tribunal's decision aligns with the CBEC clarification permitting credit for waste and scrap under Rule 57AA(c), ensuring consistency in credit availability for both Cenvat and Modvat schemes.