2003 (9) TMI 627 - AT - Central Excise

Tribunal grants appeal, allows Modvat credit transfer; lower authorities' decisions overturned

SD. WATCHES (INDIA) LTD. Versus COMMISSIONER OF CENTRAL EXCISE, NOIDA

SD. WATCHES (INDIA) LTD. Versus COMMISSIONER OF CENTRAL EXCISE, NOIDA - 2004 (167) E.L.T. 213 (Tri. - Del.) Issues:Challenge to denial of Modvat credit by Commissioner (Appeals) for transferring manufacturing activity to new premises.Analysis:The appellants contested the denial of Modvat credit amounting to Rs. 1,08,989 by the Commissioner (Appeals) following the transfer of their manufacturing activity to a new location. The appellants complied with the jurisdictional Central Excise officers' directions by reversing the credit of the amount in question for inputs in stock and final products, 'wrist watches,' at the old location. Subsequently, after informing the Assistant Commissioner of Central Excise, they transferred the credit to the new factory location as per Rule 57F(ii), maintaining proper records throughout the process. However, the Deputy Commissioner denied the credit, citing non-compliance with Rule 57F(ii), a decision upheld by the appellate authority, leading to the current challenge.The Tribunal noted that the critical issue revolved around the requirement to follow the procedure under Rule 57F(ii) for transferring the credit to the new factory location. Despite the jurisdictional and Divisional offices remaining unchanged, the Range Officer demanded the credit reversal at the old location, which the appellants duly executed. The Tribunal observed that the lower authorities failed to specify any crucial information lacking in the appellants' request, which would justify denying the credit. The appellants had informed the Divisional Office of the credit transfer, and the absence of any indication of inadmissibility or inaccuracies in the credit amount quantification further supported the appellants' case.In support of their argument, the appellants referenced legal precedents such as the judgment in Castrol India Ltd. v. Union of India and Tribunal judgments in cases like N.K. Chemical Industries v. Collector of Central Excise, New Delhi, and Birla Ericson Opticals Ltd. v. Commissioner of Central Excise, Raipur. The Tribunal found merit in the appellants' submissions, concluding that there were no grounds to disallow the credit as per the impugned orders. Consequently, the Tribunal set aside the lower authorities' decisions and allowed the appeal in favor of the appellants.