2003 (8) TMI 547 - AT - Central Excise

Tribunal Confirms Modvat Credit Validity on Capital Goods Without Time Limit, Benefiting Third Phase Production.

CCE, Bhopal Versus Bhaskar Industries Ltd.

CCE, Bhopal Versus Bhaskar Industries Ltd. - TMI Issues involved: The issue in this case is whether there is a time limit for availing credit under the Modvat Scheme on capital goods and if prior permission is required for taking credit as provided under the rule.Details of the Judgment:Issue 1: Availing credit under the Modvat SchemeThe respondent-assessee set up a composite mill in phases, importing capital goods for the first phase of cotton yarn spinning, a dutiable product. Subsequently, they moved to the second phase of manufacturing non-dutiable grey fabric. The assessee intended to avail Modvat credit on capital goods during the third phase when dutiable fabric processing commenced. The Assistant Commissioner initially denied permission for credit, citing that grey fabrics were exempt from duty. However, the Commissioner (Appeals) overturned this decision, stating that the assessee was eligible for credit as the final product in the third phase was dutiable. The appellate authority clarified that there is no time limit for availing credit under the Modvat Scheme on capital goods, as per Circular No. 88/99/94-CX. The Commissioner (Appeals) emphasized that there is no provision for granting permission to take credit, only requiring the filing of declarations under Rule 57-T. The appeal was allowed, permitting the utilization of credit on capital goods acquired during the second phase after the commencement of fabric manufacturing in the third phase.Issue 2: Comparison with Previous Tribunal DecisionsThe Revenue-appellant cited a previous Tribunal decision where Modvat credit was denied due to the final product being exempt from duty at the time of capital goods acquisition. However, the Tribunal distinguished the present case as involving a composite mill with a dutiable final product in the third phase. Referring to another case, the Tribunal agreed with the Commissioner (Appeals) that there is no time limit for utilizing credit, and the absence of dutiable items at the time of capital goods credit acquisition does not warrant denial of credit. Consequently, the appeal was dismissed, affirming the assessee's entitlement to credit on capital goods installed during the second phase when the mill reached its third phase with dutiable fabric production.In conclusion, the appeal was dismissed, upholding the decision that the assessee could avail credit on capital goods during the third phase of the project.