2005 (8) TMI 550 - AT - Central Excise

Appeals allowed for Modvat credit denial under Notification No. 38/97-C.E.

The appeals were allowed, overturning the denial of Modvat credit under Notification No. 38/97-C.E. due to the failure to file the necessary declaration. ... SSI Exemption vis-a-vis Modvat - Option Issues Involved:- Availing benefit of Notification No. 16/97-C.E. and Notification No. 38/97-C.E.- Denial of Modvat credit due to failure to file declaration.- Interpretation of provisions of Notification No. 38/97-C.E.- Comparison with a previous tribunal decision in a similar case.Analysis:1. The appellants filed declarations to avail benefits under Notification No. 16/97-C.E. and later opted for Notification No. 38/97-C.E. The Revenue issued a show cause notice denying credit due to lack of proper declaration under the latter notification. The adjudicating authority upheld the denial, leading to appeals by the appellants.2. The main contention was that even if denied benefits under Notification No. 38/97-C.E., the appellants should be liable to pay duty at the tariff rate while still being entitled to the credit. The Revenue argued that without the required declaration, the appellants couldn't benefit from this notification, citing a tribunal decision in a similar case.3. The appellant distinguished their case from the tribunal decision by highlighting that the Commissioner (Appeals) allowed opting out of Notification No. 16/97-C.E. based on a relevant circular. As the Revenue didn't challenge this finding, the decision in the previous case wasn't applicable here.4. The denial of benefits under Notification No. 38/97-C.E. was based on the failure to file the necessary declaration, as per the circular. The Commissioner (Appeals) confirmed this denial, leading to the appellants having to pay duty at the tariff rate for finished goods. However, since the denial of Modvat credit wasn't sustainable in this scenario, the appeals were allowed, overturning the decision.This comprehensive analysis of the judgment addresses the issues involved, the arguments presented by both sides, and the reasoning behind the final decision, providing a clear understanding of the legal complexities involved in the case.