2007 (3) TMI 458 - AT - Central Excise

Appellants entitled to pre-1994 Special Excise Duty credit despite post-1994 withdrawal

The Tribunal allowed the appeal, holding that the appellants were entitled to credit for the differential Special Excise Duty (SED) paid before 1994 under ... Cenvat/Modvat - Variation in credit Issues:1. Applicability of Modvat credit for Special Excise Duty (SED) under Rule 57E.2. Interpretation of Rule 57E in relation to Rule 57A for taking credit of differential duty payments.3. Entitlement to Modvat credit for SED paid prior to 1994.Analysis:1. The case involves the appellants, engaged in manufacturing carburetors and parts, who were transferring goods to their sister unit at Pune and paying duty based on the previous year's balance sheet. Subsequently, additional duty was paid after reconciliation of costs. The appellants sought certificates under Rule 57E from Central Excise authorities for Modvat credit at Pune. However, the Pune officer denied credit for SED post-1994, leading to the present appeal.2. The Tribunal analyzed the provisions of Rule 57E and Rule 57A concerning Modvat credit. It was noted that the appellants had already been allowed credit of SED under Rule 57A before 1994. The rule allows credit for inputs where duty paid is subsequently varied, resulting in more duty being recovered. The Tribunal emphasized that Rule 57E is not directly linked to Rule 57A in the present tense but is related to it in the past tense when the credit was 'allowed.' Therefore, even if credit for SED under Rule 57A is not available post-1994, the appellants were entitled to credit for the differential SED paid before 1994 under Rule 57E.3. Considering that the differential SED was paid for the period prior to 1994 when SED was leviable and paid by the appellants' sister concern at Baroda, the Tribunal concluded that the appellants were entitled to take credit for the differential duty paid at Baroda under Rule 57E. The withdrawal of SED credit post-1994 did not affect the appellants' entitlement to credit for pre-1994 payments, as it related to clearances before 1994. Consequently, the impugned order was set aside, and the appeal was allowed with consequential relief for the appellants.