1998 (1) TMI 268 - AT - Central Excise

Summary

Issues:
1. Whether resultant products cleared for export under bond without payment of duty against Advance Licence issued under Import Control Order are exempt from duty or chargeable to nil rate of duty.
2. Whether the credit of duty paid on inputs used in the manufacture of these resultant products, which had subsequently been exempted, is recoverable as per specific rules of Central Excise.

Analysis:
1. The Commissioner raised two points of law regarding the duty status of resultant products manufactured using exempted materials cleared for export under bond. The Revenue argued that Modvat credit was wrongly availed by the manufacturers of soap, who exported under the DEEC scheme. The Revenue contended that since the manufacturers had taken Modvat credit on indigenous materials used in the exported soap, they were not entitled to the credit. The Revenue referred to Rule 57F(3) and relevant notifications to support its position that the credit was inadmissible due to the nature of the export and use of exempted materials.

2. The Advocate for the respondents argued that the issue was settled by previous Tribunal decisions and that no new point of law arose in this case. The Tribunal examined the legal provisions and found that Modvat credit under Central Excise Rules and customs duty under the Customs Act are distinct. The Tribunal noted that the notification did not extend Modvat credit provisions to such cases. The Tribunal upheld the correct application of Rule 57F(3) and concluded that no new legal issue was presented in the reference application. Consequently, the Tribunal rejected the reference application as no point of law was found to be arising from the case.

In conclusion, the judgment clarified the applicability of Modvat credit in cases of export under bond using exempted materials. The Tribunal determined that the manufacturers were not entitled to the credit as the duty status of the resultant products did not align with the conditions for availing the credit. The decision highlighted the distinction between Central Excise Rules and the Customs Act, emphasizing the self-contained nature of each legislation. The Tribunal's ruling was based on a correct interpretation of the law, leading to the rejection of the reference application.