1996 (3) TMI 262 - AT - Central Excise

Summary

Issues involved: Appeal against CCE (Appeals) order regarding deemed Modvat Credit under Rule 57G(2) of Central Excise Rules, 1944.

Summary:
1. The appeal challenged the CCE (Appeals) order granting deemed Modvat Credit under Rule 57G(2) of the Central Excise Rules, 1944. The Central Government's order allowed the benefit of deemed Modvat Credit for certain materials purchased from outside, applicable from April 1, 1994.

2. The dispute arose when the respondents crossed the turnover limit of Rs. 75 lakhs under Notification 1/93, leading to a debate on the eligibility for deemed Modvat Credit. The CCE (Appeals) held that exceeding the turnover limit did not disqualify a manufacturer from the benefits of Notification 1/93, as long as the aggregate value of clearances was considered for eligibility.

3. The respondents contended that the benefit of Notification 1/93 should be available to all who opted for it and complied with the duty payment requirements. The CCE (Appeals) decision was supported by the respondents' counsel.

4. The Appellate Tribunal analyzed the criteria for availing Notification 1/93 and deemed Modvat Credit, emphasizing that the benefit was linked to specific categories of manufacturers meeting the notification's conditions. The Tribunal concluded that manufacturers who operated under Notification 1/93 and crossed the turnover limit remained eligible for the benefits, as their operations and eligibility criteria did not change post the turnover threshold.

5. The Tribunal upheld the CCE (Appeals) decision, stating that manufacturers continuing to operate under Notification 1/93 after exceeding the turnover limit were entitled to deemed Modvat Credit. The appeal filed by the Revenue was dismissed based on the interpretation of the notification's language and the continuity of eligibility criteria for the benefit.