1999 (12) TMI 197 - Commissioner - Central Excise

Commissioner allows appeals, Notification doesn't restrict Rule application. Appellants eligible for credit under Modvat scheme.

The Commissioner allowed both appeals, stating that the Notification should not restrict the application of the Rule. The appellants were deemed eligible ... Modvat Issues:1. Eligibility of input credit under Rule 57A for goods received through job workers.2. Interpretation of Notification No. 58/97-C.E. regarding receipt of inputs directly from the manufacturer.3. Applicability of Rule 57J in relation to deemed credit under Modvat scheme.4. Compliance with procedural requirements under Rule 57F(4) and Rule 57J.5. Impact of Circular No. 331/47/97-CX on the availability of deemed Modvat credit.Analysis:1. The appeals revolve around the eligibility of input credit under Rule 57A for goods received through job workers. The Commissioner considered the demands raised by the Assistant Commissioner, focusing on the receipt of inputs covered by Notification No. 58/97-C.E. The issue pertained to whether the appellants could avail credit for inputs not directly received from the manufacturer.2. The interpretation of Notification No. 58/97-C.E. was crucial in determining the eligibility for input credit. The Commissioner analyzed the provisions of the notification and the conditions prescribed therein. The contention was whether the inputs should be received directly by the appellants or through job workers, impacting the availability of credit under the compounded levy scheme.3. The application of Rule 57J in relation to deemed credit under the Modvat scheme was a key point of discussion. The Advocate representing the appellants argued that Rule 57J allows for the receipt of inputs directly from the supplier, emphasizing that the Notification should not override this provision. The Commissioner considered the beneficial nature of the Modvat scheme and its implications on credit availability.4. Compliance with procedural requirements under Rule 57F(4) and Rule 57J was analyzed to determine the validity of the credit availed by the appellants. The Commissioner examined whether the inputs received at the premises of the job worker aligned with the procedural framework set out in the rules. The permissibility of delivering inputs to job workers without first bringing them into the factory was a focal point.5. The impact of Circular No. 331/47/97-CX on the availability of deemed Modvat credit was discussed to support the appellants' claim. The Commissioner referred to the circular to highlight the provisions related to downstream manufacturers procuring inputs directly from manufacturers operating under Section 3A. The payment process and procurement method were crucial in determining the validity of the credit availed by the appellants.In conclusion, the Commissioner allowed both appeals, emphasizing that the Notification should not curtail the operation of the Rule, and the appellants were eligible for deemed credit under the Modvat scheme. The decision was supported by relevant case laws and circulars, leading to the grant of consequential benefits to the appellants.