1990 (1) TMI 175 - AT - Central Excise

Tribunal affirms Modvat credit entitlement under Rule SPA, clarifies gate pass requirement.

COLLECTOR OF C. EX. Versus SAIL., ROURKELA STEEL PLANT

COLLECTOR OF C. EX. Versus SAIL., ROURKELA STEEL PLANT - 1990 (47) E.L.T. 394 (Tribunal) Issues:1. Disallowance of Modvat credit by Assistant Collector.2. Appeal challenging the orders of the Collector (Appeals) regarding Modvat credit entitlement.3. Interpretation of Rule 57E of the Central Excise Rules, 1944.4. Dispute over the availability of Modvat credit for duty paid subsequently.5. Admissibility of Modvat credit in cases of duty payments relating to escalation of value.Analysis:The judgment involves an appeal filed by the Collector of Central Excise, Bhubaneswar against the Order-in-Appeal in favor of SAIL, Rourkela Steel Plant, regarding the disallowance of Modvat credit by the Assistant Collector. The Assistant Collector disallowed the credit due to the absence of prescribed documents under Rule 57G(2). The Collector (Appeals) overturned this decision, allowing the appeal without prejudice to further verification of the claim. The main contention was whether SAIL was entitled to the Modvat credit. The Collector (Appeals) held in favor of SAIL, leading to the current appeal challenging this decision.During the hearing, the appellant argued that Rule 57E did not cover situations where duty was recovered post-clearance before its amendment in 1987. The appellant contended that Modvat credit adjustments were only permissible in specific cases post the 1987 amendment. The appellant sought to disallow the Modvat credit claimed by SAIL based on the timing of duty payment. Conversely, the respondent argued that they were rightfully entitled to the Modvat credit for duty payments related to the escalation of value, opposing the appellant's appeal.The Tribunal, after considering both parties' submissions, upheld the Order of the Collector (Appeals). The Tribunal emphasized that Modvat credit under Rule SPA was not limited to duty paid at the time of original clearance but extended to duty paid subsequently. The Tribunal highlighted that the absence of gate passes for subsequent duty payments should not negate the entitlement to Modvat credit. The Tribunal clarified that the amended provisions of Rule 57E did not contradict the substantive provisions of Rule SPA governing the Modvat scheme, ensuring the availability of the benefit from the scheme's inception in 1986. Consequently, the Tribunal dismissed the appeal and affirmed the Collector (Appeals) decision in favor of SAIL.In conclusion, the judgment resolves the dispute regarding the entitlement to Modvat credit for duty paid subsequently, emphasizing the broader scope of the Modvat scheme under Rule SPA and the compatibility of the amended Rule 57E with the scheme's fundamental provisions.