2005 (6) TMI 519 - AT - Central Excise

Tribunal grants assessee Modvat credit on capital goods, rejects Revenue's appeal.

The Tribunal ruled in favor of the assessee, holding that the denial of Modvat credit on capital goods by the Revenue was unjustified. The Tribunal ... Cenvat/Modvat Issues:1. Denial of Modvat credit on capital goods used for processing goods under an exemption notification.2. Interpretation of Rule 57C and Rule 57R in relation to the denial of capital goods credit.3. Comparison of the present case with the case of Bajaj Tempo Ltd.4. Validity of denying capital goods credit when goods are exclusively used for exempted purposes under Notification No. 214/86.Analysis:1. The case involved the denial of Modvat credit on capital goods by the Revenue to an assessee who had received certain capital goods in their factory and intended to avail Modvat credit. The Revenue alleged that the assessee did not follow the required procedures and had not accounted for the capital goods properly. The Assistant Commissioner rejected the assessee's contention, leading to an appeal where the Deputy Commissioner found discrepancies in the procedures followed by the assessee.2. The Revenue argued that Rule 57R rendered the credit of capital goods inadmissible if final products were exempt from duty, and the transfer of capital goods to another unit did not entitle the assessee to the credit. The Revenue also highlighted the differences between the present case and the case of Bajaj Tempo Ltd. The Tribunal, however, found that the denial of capital goods credit for goods exempted under Notification No. 214/86 was not justified, citing the similarity between Notification Nos. 214/86 and 217/86 and the enabling nature of these notifications to facilitate the Modvat procedure.3. The Tribunal compared the present case with the case of Bajaj Tempo Ltd, emphasizing that the notifications involved were issued to avoid clerical work of duty payment and credit taking, and thus, the denial of Modvat credit was not warranted. The Tribunal found no infirmity in the Commissioner (Appeals) order, which recognized the mutuality in the two notifications and the applicability of Rule 57C and Rule 57R.4. Ultimately, the Tribunal concluded that there was no valid ground to deny the capital goods credit to the assessee, in line with the decision of the Ld. Commissioner (Appeals). The Tribunal rejected the Revenue's appeal and allowed the assessee's appeal, ordering the benefit of capital goods credit to be granted to the assessee. The judgment highlighted the importance of interpreting the Modvat scheme in a manner that upholds the intended benefits for the assessee within the legal framework.