2001 (7) TMI 707 - AT - Central Excise

Summary

Issues:
- Challenge to evidence correctness by Revenue Appeals from Commissioner's order
- Availment of Modvat credit on duty paid by job workers
- Interpretation of Rule 57F(3) procedure regarding duty payment by job workers
- Applicability of CEGAT decision in CCE v. Lucas TVS Ltd.
- Justification for taking Modvat credit on duty paid by job workers

Analysis:
1. Challenge to evidence correctness by Revenue Appeals: The Appeals arose from the Commissioner's order challenging the evidence correctness in paras 5 and 8. The Appellants contended that the duty was paid on a different final product, justifying their Modvat credit availment. They cited a CEGAT decision and argued that no revenue loss occurred since the job worker would have availed credit if duty was discharged before input removal. The Tribunal found merit in these submissions, emphasizing that the job worker returned entirely new products after duty payment, entitling the Appellants to Modvat credit.

2. Availment of Modvat credit on duty paid by job workers: The Revenue contended that the Appellants cannot take Modvat credit on duty paid by job workers, highlighting alleged violations of the law. However, the Appellants justified their Modvat credit claim, stating that the job workers paid duty on assembled components returned to them. The Tribunal upheld the Appellants' position, emphasizing that the procedure followed aligned with legal provisions and the decision in CCE v. Lucas TVS Ltd.

3. Interpretation of Rule 57F(3) procedure regarding duty payment by job workers: The Tribunal carefully considered submissions from both sides and examined the records. It observed that the Appellants followed Rule 57F(3) procedures, with job workers paying duty on assembled components returned to the Appellants. The Tribunal found this procedure compliant with the law and upheld the Commissioner's decision based on the Tribunal's earlier ruling in CCE v. Lucas TVS Ltd.

4. Applicability of CEGAT decision in CCE v. Lucas TVS Ltd.: The Tribunal reproduced findings from the CEGAT decision, emphasizing the transformation of inputs into new excisable commodities by job workers. It highlighted the entitlement to Modvat credit on cleared products, including differential duty paid. The Tribunal affirmed that the Appellants could claim Modvat credit on duty paid by job workers, in line with the legal provisions and precedent set by CEGAT.

5. Justification for taking Modvat credit on duty paid by job workers: The Appellants justified their Modvat credit claim based on the duty paid by job workers on returned components. The Tribunal concurred with this justification, noting that the Appellants utilized intermediary products in manufacturing final products after taking Modvat credit on job workers' duty payments. The Tribunal upheld the Commissioner's decision, citing compliance with the law and the Tribunal's previous ruling on similar matters.