1995 (7) TMI 229 - AT - Central Excise

Summary

Issues:
1. Applicability of Notification No. 202/88 and subsequent Notification No. 117/89.
2. Eligibility of Modvat credit for the appellant.
3. Consideration of the Special Bench ruling in the case of Geeta Steel Rolling Mills.
4. Remand for the reconsideration of the issue by the authorities.

Analysis:
The judgment by the Appellate Tribunal CEGAT, MADRAS involved a case where the appellant was accused of clearing tor steel without payment of duty, leading to an order of adjudication by the Asstt. Collector of Central Excise. The appellant initially cleared goods without duty payment under Notification No. 202/88, but a demand was raised citing the subsequent Notification No. 117/89. The appellant argued for eligibility of Modvat credit, similar to a case considered by the Special Bench in the Geeta Steel Rolling Mills case. The learned Consultant contended that the appellant should be granted relief following the Special Bench's ruling.

The learned DR representing the respondent acknowledged that the issue had not been considered by the authorities below and suggested remanding the matter for reconsideration in light of the Special Bench's ruling. The Tribunal noted that the Special Bench in the Geeta Steel Rolling Mills case allowed Modvat credit in similar circumstances, referencing another ruling in the case of Bharat Steel Rolling Mills. The Tribunal highlighted that Modvat credit for duty paid on ingots used in manufacturing bars and rods should be available, even if a declaration under a different notification was not filed. Consequently, the Tribunal decided to remand the matter for further consideration by the original authority, following the Special Bench's directives.

In conclusion, the Tribunal set aside the impugned order and remanded the case for a fresh review by the original authority to assess the appellant's eligibility for Modvat credit in accordance with the law and the observations made in the judgment. The decision was based on the application of relevant notifications, the Special Bench's rulings, and the necessity for a thorough reconsideration of the issue by the authorities.