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2001 (9) TMI 356 - AT - Central Excise
Issues:
Claim of Modvat credit disallowed by Assistant Commissioner, imposition of penalty, interpretation of Rules 57A, 12, and 13 of the Central Excise Rules. Analysis: The appellants, engaged in manufacturing MS Black Pipes and MS Galvanised Pipes, availed Modvat credit on purchased pipes under Rule 57A. The Assistant Commissioner disallowed Modvat credits of Rs. 12,64,912/- and Rs. 4,88,636/-, imposing penalties of Rs. 1,25,000/- and Rs. 50,000/-, which was affirmed by the Commissioner (Appeals). The appellants contended they were entitled to Modvat credit as a "deemed manufacturer" under Rules 12 and 13, having conducted processes like hydrotesting, inspection, socketing, fitting PP caps, and packing before export. They argued their activity was disclosed in RT 12 returns without objection from the Excise Department, hence no penalty should apply under Rule 173Q. The Tribunal noted that the appellants purchased MS pipes and galvanised pipes from the market, conducting minor processes before exporting them without undergoing manufacturing as defined by the Act. The purchased pipes were directly cleared without being used as inputs for any other final product. The Tribunal emphasized that Rule 57A applies to inputs used in manufacturing final products, not to cases where the inputs themselves are the final products, as in this situation. Similarly, the processes conducted by the appellants did not constitute manufacturing under the law, and the pipes could not be considered as inputs for producing final products. The Commissioner and Assistant Commissioner's orders were upheld, as they provided detailed reasoning on the inapplicability of Rule 57A, Rules 12, and 13 to the appellants' case. The Tribunal found no legal infirmity in their decisions, concluding that the appellants were not entitled to claim Modvat credit on the purchased pipes. Therefore, the appeal was dismissed, affirming the Commissioner (Appeals) order and denying the appellants' claim for Modvat credit and penalties.
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