2004 (7) TMI 207 - AT - Central Excise

Summary

Issues: Interpretation of Notification No. 6/97-C.E. (N.T.) regarding credit of duty paid on capital goods under Rule 57Q.

In this judgment by the Appellate Tribunal CESTAT, New Delhi, the issue revolved around the interpretation of Notification No. 6/97-C.E. (N.T.) concerning the allowance of credit of duty paid on capital goods under Rule 57Q. The notification specified that manufacturers of final products could claim credit of additional duty on specific goods to the extent of 75% of the duty paid. The appellants argued that this limit should not apply to capital goods received before the notification's effective date, contending that goods received at a different office should be considered received at the factory. They also cited relevant circulars and precedents to support their case.

The tribunal analyzed whether the relevant date for determining the law applicable to the receipt of capital goods was the date of receipt in the factory or the date of import/receipt in the office of the purchaser. It was established that the connection to production or manufacturing is established only upon receipt of the goods in the factory, not at the time of purchase or import. The Rule 57Q explicitly states that modvat provisions apply to goods used in the factory of the manufacturer of the final product, emphasizing the importance of receipt in the factory for establishing the nexus with production. The tribunal also referenced an explanatory note from the Budget 1997-98, supporting this interpretation.

Based on the legal position established, the tribunal concluded that the appellant's contentions lacked merit, and the lower authorities' orders were correct and valid. Consequently, the appeal was dismissed, and the appellant's claim for credit beyond the specified limit was rejected.