1998 (4) TMI 339 - AT - Central Excise

Modvat - Inputs described as permanent magnets in place of articles intended to become permanent magnets.

Summary

Issues: Classification of goods under Rule 57G for Modvat credit.

Analysis:
The case involved a dispute regarding the classification of goods under Rule 57G for Modvat credit. The assessee had declared permanent magnets under Heading 85.05 as an input for the manufacture of finished products. However, the Department alleged that the goods received were articles intended to become permanent magnets, leading to an undeclared input credit issue.

Upon appeal, the Collector (Appeals) accepted the appellant's contention that the goods had been declared as permanent magnets, and credit had been taken for five years. He noted that the chapter heading was correctly declared and allowed the appeal, emphasizing substantial compliance with Rule 57G.

The Departmental Representative argued that permanent magnets and articles intended to become permanent magnets are distinct products as per the tariff and HSN Explanatory notes, and the condition for taking credit was not satisfied when inputs were not specifically declared.

The Advocate for the respondent highlighted the grounds adopted before the Collector (Appeals) and the timing of the declaration during the early days of Modvat.

In the judgment, it was noted that while permanent magnets and articles intended to become permanent magnets are distinct as per the tariff heading, the goods did not change physically or chemically through the manufacturing process. The Tribunal considered that the assessee might have genuinely believed there was no difference between the two, especially given the introduction of the Modvat procedure at the time of declaration. Despite the Department's awareness of the discrepancy in some invoices, the Tribunal found that the requirements of Rule 57G had been met, considering the early days of Modvat and the instructions for a liberal view on declaration deviations. Consequently, the Tribunal declined to interfere with the Collector's order, ultimately dismissing the appeal.