2005 (9) TMI 130 - AT - Central Excise

Summary

Issues:
Whether Modvat credit of duty paid by the job worker on the cost of input utilized in the manufacture of control panel from raw materials supplied by the respondents is available to the latter.

Analysis:
The respondents were involved in the manufacture of mini-offset printers and supplied duty-paid raw materials to their job worker for the manufacture of control panels, with the job worker adding their own input (electric wires) during the process. The respondents paid duty on the cost of input (electric wires) when clearing the control panels and took Modvat credit upon receipt. The original authority disallowed this credit, leading to appeals by the Revenue. The key issue was whether the Modvat credit was rightfully claimed by the respondents.

Upon examination, it was found that the Revenue disputed the reliance placed by the lower appellate authority on Tribunal decisions. The crucial question was whether the Modvat credit on the duty paid by the job worker for the input (electric wires) used in manufacturing the control panel was available to the respondents. The argument that the respondents were benefiting twice was rejected as the credit in question was not on their own inputs but on those added by the job worker. The duty paid by the job worker on the input was included in the total duty on the control panel, which the respondents had not initially taken as Modvat credit but only upon receiving the control panel. This credit was deemed admissible to the respondents, supported by relevant case law cited by the lower appellate authority.

In conclusion, the Tribunal dismissed the Revenue's appeals, upholding the lower appellate authority's decision. The operative part of the order was pronounced on 1-9-2005.