2000 (11) TMI 419 - AT - Central Excise

Summary

Issues:
1. Denial of modvat credit on CI moulds scrap and CI castings moulding scrap.
2. Clubbing of clearances of excisable goods for granting exemption under Notification No. 16/97-CE.

Issue 1: Denial of modvat credit on CI moulds scrap and CI castings moulding scrap:
The appellants appealed against the order-in-appeal denying credit on CI moulds scrap and CI castings moulding scrap, arguing that these were not final products but defective final products eligible as inputs. They clarified that the scrap received was used to manufacture new moulds after re-melting. CEGAT noted that the appellants were not receiving CI moulds but duty-paid scrap, which they declared as input. Referring to a previous case, the Tribunal held that defective final products are eligible inputs, overturning the denial of modvat credit and allowing the appeal.

Issue 2: Clubbing of clearances of excisable goods for granting exemption under Notification No. 16/97-CE:
The case involved multiple applicants seeking waiver of pre-deposit of excise duty and penalty. The Adjudicating Authority had held that the applicants connived to avail exemption under a specific notification, clubbing their clearances together. The applicants argued they were independent units with separate facilities and no flow back of funds among them. They had already made deposits as per the Commissioner (Appeals) orders. CEGAT found the clubbing issue arguable and waived the remaining pre-deposit, staying the recovery during the appeal's pendency. The appeals were scheduled for a final hearing on a specified date.

This judgment addresses the denial of modvat credit on specific scrap items and the clubbing of clearances for exemption purposes under a notification. The first issue highlights the eligibility of defective final products as inputs, leading to the allowance of the appeal. The second issue involves multiple applicants contesting the clubbing of clearances, with CEGAT finding the matter arguable and waiving further pre-deposit. The detailed analysis provides insights into the legal reasoning and outcomes of each issue, ensuring a comprehensive understanding of the judgment.