1998 (3) TMI 314 - AT - Central Excise

Summary

Issues:
1. Interpretation of Modvat credit rules regarding utilization for payment of duty on waste generated during manufacturing.
2. Applicability of Modvat credit for payment of duty on scrap arising from the manufacture of exempt products.
3. Discrepancy in duty payment through PLA and Modvat credit for dutiable scrap.
4. Jurisdiction of the appellate authority to remand cases for fresh decision.

Analysis:
1. The case involved a dispute over the utilization of Modvat credit for payment of duty on waste generated during the manufacturing process. The Commissioner of Central Excise (Appeals) remanded the case for fresh decision to consider the plea of the respondents regarding the utilization of Modvat credit on inputs for scrap generated during the manufacturing of cycle chains from a specific date onwards.

2. The assessees were engaged in manufacturing moped chains and cycle chains, with the latter being exempt from duty. The issue arose when scrap generated from the manufacture of cycle chains became dutiable. The Department contended that duty liability should be deposited only through PLA, while the assessees sought to use accumulated Modvat credit for duty payment on the dutiable scrap.

3. The lower appellate authority disposed of the appeals by the assessees, rejecting one appeal but setting aside the penalty in another. The authority remanded the matter for further consideration, leading to the Revenue's grievance against the order of demand in respect of the remanded cases.

4. The Tribunal, in a separate judgment, had already ruled that duty could be paid from accumulated Modvat credit in the absence of any contrary provision. The Tribunal's reasoning emphasized the broad scope of Modvat credit rules, allowing for payment of duty on waste arising from the processing of inputs for manufacturing final products. Consequently, the appellate tribunal upheld the lower authority's decision, rejecting the appeals based on the accepted principle of utilizing Modvat credit for duty payment.

In conclusion, the judgment clarified the interpretation of Modvat credit rules, affirmed the applicability of Modvat credit for duty payment on dutiable scrap, addressed the discrepancy in duty payment methods, and validated the jurisdiction of the appellate authority to remand cases for fresh decisions based on legal considerations.