1999 (9) TMI 265 - AT - Central Excise

Summary

Issues: Modvat credit eligibility based on declaration filing under Rule 57G(1) of Rules

Analysis:
The main issue in this judgment revolves around the eligibility of Modvat credit based on the filing of a declaration under Rule 57G(1) of the Rules. The question posed in the Reference Application was whether Modvat credit could be allowed on a declaration not filed with the Assistant Commissioner having jurisdiction over the assessee unit as per the provisions of Rule 57G(1) of the Rules. The Tribunal's order highlighted the importance of the procedure outlined in Rule 57G(1) regarding the filing of declarations with the Assistant Commissioner and obtaining a dated acknowledgment from him.

The Appellant argued that the entire procedure followed by the respondent was incorrect as Rule 57G(1) mandates filing a declaration with the Assistant Commissioner and obtaining a dated acknowledgment. On the other hand, the Respondent contended that they filed the declaration with the Superintendent's office, as they were not aware of the proper officer to file it with and that the Superintendent acknowledged the declaration. The Respondent emphasized that in the specific circumstances of this case, the declaration was valid, and therefore, Modvat credit could not be denied based on the Tribunal's findings.

The Tribunal examined the facts and circumstances of the case, noting that the Superintendent was under the competent Assistant Commissioner, the law was well known to departmental officers, the acknowledgment of the declaration by the Superintendent, and the fact that the Superintendent did not return the declaration for filing with the Assistant Commissioner. Based on these specific circumstances, the Tribunal concluded that the declaration filed by the respondents was valid. The Tribunal's decision was based on an appreciation of the specific facts and circumstances of this case, leading to the dismissal of the Reference Application as no question of law arose in this context.

In conclusion, the judgment emphasizes the importance of complying with the procedural requirements outlined in Rule 57G(1) for filing declarations to claim Modvat credit. It underscores the significance of the specific facts and circumstances of each case in determining the validity of declarations and eligibility for credit, ultimately leading to the dismissal of the Reference Application in this instance.