1998 (6) TMI 335 - AT - Central Excise

Summary

Issues:
1. Failure to file declaration under Rule 57G for Modvat purpose.
2. Consideration of the prescribed proforma for declaration.
3. Applicability of the Modvat credit scheme.
4. Acceptance of revised declarations by the Department.
5. Interpretation of the Tribunal's decision in Siyaram Platex case.
6. Entitlement to Modvat credit based on past practice and revised declaration.

Issue 1 - Failure to file declaration under Rule 57G for Modvat purpose:
The appellants, manufacturers of motor vehicles, faced show cause notices seeking to recover wrongly availed Modvat credit due to their failure to file the required declaration under Rule 57G. The Assistant Commissioner confirmed the demand, which was upheld by the Commissioner (Appeals).

Issue 2 - Consideration of the prescribed proforma for declaration:
The appellant's counsel argued that despite not adhering to the prescribed proforma initially, the appellants had filed declarations as instructed by Central Excise Officers and had even submitted a revised declaration before the adjudication. The Assistant Commissioner did not consider the contents of the revised declaration, which the counsel argued was according to the prescribed proforma.

Issue 3 - Applicability of the Modvat credit scheme:
The Tribunal noted that the Modvat credit scheme aimed to prevent the cascading effect of input duty on the final product. It emphasized that the essential requirement was that the declared input should be duty paid and used in manufacturing the final product. The Tribunal cited previous decisions where a broad description of inputs in the declaration was deemed sufficient if the duty paid nature and use of the input were not in dispute.

Issue 4 - Acceptance of revised declarations by the Department:
The appellants had a history of filing declarations, including a revised detailed declaration on 1-12-1989. Despite the Assistant Commissioner not considering this during adjudication, the Tribunal acknowledged the past practice of accepting declarations from the appellants by the Department.

Issue 5 - Interpretation of the Tribunal's decision in Siyaram Platex case:
The Tribunal referred to the Siyaram Platex case, where it was held that substantial benefits should not be denied for minor procedural lapses. In the present case, the Tribunal considered the lapse in filing the declaration not fatal to the appellants' claim for Modvat credit.

Issue 6 - Entitlement to Modvat credit based on past practice and revised declaration:
Considering the revised declaration, past acceptance of declarations by the Department, and the broad objectives of the Modvat scheme, the Tribunal held that the appellants were entitled to Modvat credit. The appeal was allowed, granting the appellants consequential relief as per law.