2000 (5) TMI 449 - AT - Central Excise

Summary

Issues:
Denial of Modvat credit under Rule 57H(7) of the Central Excise Rules.

Analysis:
The appellant, a Small Scale Unit engaged in manufacturing metal containers, faced the issue of denial of Modvat credit under Rule 57H(7) of the Central Excise Rules. The Central Excise Officers objected to the appellant's use of Modvat credit towards excise duty payment on clearances of tin waste & scrap, despite opting for full exemption under Notification No. 7/97. The demand for duty and penalty imposed were contested through appeals. The Commissioner (Appeals) upheld part of the demand and the penalty, leading to further appeal by the party.

Appellant's Argument:
The appellant's Authorized Representative argued that waste and scrap should not be considered a final product for Modvat credit purposes. Referring to relevant case law, the representative contended that Modvat credit is not allowed on waste and scrap, and therefore, the reversal of credit under Rule 57H(7) should not apply in this case. Additionally, the representative argued that the penalty imposed was unjustified.

Revenue's Position:
The Revenue justified the reversal of credit under Rule 57H(7) and cited precedents supporting their stance. They referred to a Tribunal decision and a High Court ruling to argue in favor of reversing Modvat credit on inputs that became exempt due to opting for full exemption.

Judgment:
The Tribunal analyzed Rule 57H(7) and concluded that waste and scrap cannot be considered a final product. Given the nature of the appellant's business in manufacturing metal containers, waste and scrap arising during production should not be treated as final products. The Tribunal highlighted that previous decisions cited by the appellant supported the view that waste and scrap are not final products for Modvat credit purposes. Consequently, the Tribunal set aside the lower authorities' orders, allowing the appeal in favor of the appellant.