2009 (9) TMI 840 - AT - Central Excise

Tribunal partially allows appeal, remands for fresh decision. Emphasizes evidence review for Modvat credit.

COMMISSIONER OF CUS. & C. EX., RAIPUR Versus BHILAI STEEL PLANT

The Tribunal allowed the appeal partly, setting aside the impugned order and remanding the matter to the Commissioner (Appeals) for a fresh decision. The ... Classification of goods - Whether the respondents are entitled for credit in terms of Rule 57Q or Rule 57A in relation to each of the items will have to be decided by the Commissioner (Appeals) - appeal allowed by way of remand. Issues Involved:1. Whether Modvat credit claimed under Rule 57Q can be shifted and allowed under Rule 57A if the initial claim fails.2. Whether the Commissioner (Appeals) was justified in allowing the Modvat credit for the items in question.Issue-wise Detailed Analysis:1. Shifting of Modvat Credit from Rule 57Q to Rule 57A:The appeal raised the question of whether Modvat credit claimed under Rule 57Q (for capital goods) can be shifted to Rule 57A (for inputs) if the initial claim fails. The Commissioner (Appeals) did not address this issue directly but assumed such a shift was permissible. The Tribunal noted that both rules relate to entitlement of credit, albeit under different conditions. The Tribunal emphasized that in the absence of a specific or implied bar, it is permissible to grant the benefit under one rule if the assessee is legally entitled to it, even if initially claimed under another rule. This principle is supported by various rulings, including the Supreme Court's decision in Share Medical Care v. UOI, which held that an applicant is not prohibited from claiming benefit under a different notification at a later stage. Thus, the Tribunal concluded that the respondents are entitled to claim the benefit under Rule 57A even if they fail to establish their claim under Rule 57Q.2. Justification of Modvat Credit Allowance by Commissioner (Appeals):The Commissioner (Appeals) allowed Modvat credit for various items by classifying them either as inputs under Rule 57A or as capital goods under Rule 57Q. The Tribunal reviewed the analysis and findings of the Commissioner (Appeals) for each category of items:- Group I (Steel Items): The Commissioner (Appeals) allowed credit as inputs, noting their use in workshops for manufacturing and repairing capital goods. However, the Tribunal found that the analysis was based on submissions without reference to evidence of actual use.- Group II (Railway Items): Credit was allowed as capital goods, assuming their use in the internal railway system for transporting raw materials and products. The Tribunal noted the lack of detailed evidence supporting this use.- Group III (Nuts, Bolts, etc.): Credit was allowed as capital goods, with the Commissioner (Appeals) stating these items are parts of machines. The Tribunal again pointed out the absence of specific evidence.- Group IV (Paints, Varnishes, etc.): Credit was allowed as inputs, with the Commissioner (Appeals) noting their use for marking products. The Tribunal observed that the decision was based on assumptions rather than concrete evidence.- Group V (Welding Items): Credit was allowed as inputs, with the Commissioner (Appeals) noting their use in workshops and manufacturing processes. The Tribunal highlighted the need for evidence of actual use.- Group VI (Electrical Items): Credit was allowed for items used for lighting and controlling quality parameters. The Tribunal emphasized the necessity of evidence to support these claims.- Group VII (Oil Tanks, Structures): Credit was allowed as capital goods, with the Commissioner (Appeals) noting their use for storage and installation of machines. The Tribunal stressed the importance of verifying these claims with evidence.The Tribunal concluded that the Commissioner (Appeals) did not adequately analyze the evidence to justify the findings. The decision was based on submissions rather than verified records of actual use, which is necessary to determine the entitlement of Modvat credit. Therefore, the Tribunal set aside the impugned order and remanded the matter to the Commissioner (Appeals) for a fresh decision after a thorough review of the evidence.Conclusion:The Tribunal allowed the appeal partly, set aside the impugned order, and remanded the matter to the Commissioner (Appeals) for a fresh decision, emphasizing the need for a detailed analysis of the evidence to justify the allowance of Modvat credit under the relevant rules. The appeal was disposed of with these directions.