2004 (9) TMI 515 - AT - Central Excise

100% E.O.U. Granted Modvat Credit on Capital Goods Appeal: Rule 57T Flexibility for Special Entities

The Tribunal allowed the appeal by M/s. Kores (India) Ltd., a 100% E.O.U., for Modvat credit on capital goods, emphasizing the special status of a 100% ... Cenvat/Modvat - Capital goods Issues:1. Entitlement to Modvat credit on capital goods for a 100% E.O.U.2. Interpretation of Rule 57T of the erstwhile Central Excise Rules, 1944.3. Applicability of time limit for filing declaration for Modvat credit.4. Impact of Board Circular No. 185/19/96-CX on Modvat credit.Entitlement to Modvat credit on capital goods for a 100% E.O.U.:The case involved M/s. Kores (India) Ltd., a 100% E.O.U., seeking Modvat credit on capital goods. They paid duties of Customs and CVD on imported/indigenous capital goods. The issue arose when their declaration for Modvat credit was rejected for being filed after the prescribed three-month period. The Assistant Commissioner and Commissioner (Appeals) upheld the rejection, citing violation of Rule 57T. However, the appellants argued that as a 100% E.O.U., they should be treated differently. The Tribunal agreed, noting that the time limit under Rule 57T is more relevant for units intending to take Modvat credit upon receiving capital goods, not for a 100% E.O.U. de-bonding. Therefore, the Tribunal allowed the appeal, emphasizing the special status of a 100% E.O.U. in this context.Interpretation of Rule 57T of the erstwhile Central Excise Rules, 1944:The Assistant Commissioner rejected the Modvat credit claim based on the violation of Rule 57T, which mandates filing the declaration within three months from the payment of customs duty. The Commissioner (Appeals) upheld this decision, considering the requirement as mandatory. However, the Tribunal differentiated between the standard application of Rule 57T for regular cases and its application to a 100% E.O.U. de-bonding scenario. The Tribunal concluded that the rule's strict interpretation did not apply in the latter case, allowing for a more flexible approach in granting Modvat credit.Applicability of time limit for filing declaration for Modvat credit:The crux of the matter revolved around the time limit specified in Rule 57T for filing the declaration to avail Modvat credit on capital goods. While the revenue contended that the violation of this time limit barred the appellants from claiming the credit, the appellants argued that as a 100% E.O.U., they should be exempt from this strict requirement. The Tribunal agreed with the appellants, emphasizing that the rule's purpose was more aligned with regular cases and not necessarily applicable to special cases like a 100% E.O.U. de-bonding situation.Impact of Board Circular No. 185/19/96-CX on Modvat credit:The appellants relied on Board Circular No. 185/19/96-CX, dated 19-3-1996, which allowed for the credit of CVD paid on capital goods for a 100% E.O.U. upon de-bonding. This circular played a significant role in supporting the appellants' argument that the time limit for filing the declaration should not be strictly enforced in their case. The Tribunal considered this circular along with relevant case laws highlighting that the non-filing of the declaration should be viewed as a technical lapse, ultimately leading to the decision in favor of the appellants.