2000 (2) TMI 474 - AT - Central Excise

Tribunal allows Modvat credit for capital goods import under EPCG scheme

The Tribunal ruled in favor of the appellants, setting aside the order for reversal of Modvat credit and penalties. It held that the appellants rightfully ... Modvat - Credit on imported capital goods Issues:1. Reversal of Modvat credit taken by the appellants.2. Imposition of penalties under different sections.3. Jurisdictional authority in case of import-related violations.4. Regularization of import by the DGFT.Analysis:Issue 1: Reversal of Modvat credit taken by the appellantsThe appellants were required to pre-deposit a significant amount due to the reversal of Modvat credit taken, as ordered by the Commissioner of Central Excise, Belgaum. The appellants argued that the Modvat credits were rightfully taken as they had imported capital goods under an EPCG scheme for Unit No. 1, even though the EPCG license was in the name of Unit No. 2. They contended that the import and installation of the capital goods were regularized by the DGFT, and all procedural requirements under the Modvat scheme were fulfilled by Unit No. 1. The Tribunal agreed with the appellants, stating that since the entire transaction was completed by Unit No. 1, there was no infirmity in them taking the Modvat credit, and the order for reversal was deemed erroneous in law. Consequently, the order was set aside, and the appeals were allowed.Issue 2: Imposition of penalties under different sectionsApart from the reversal of Modvat credit, penalties were imposed on the appellants under various sections, including Section 57U(3) and Rule 173Q(1). The appellants argued that the penalties were unjustified as they had complied with all necessary procedures and the import was regularized by the DGFT. The Tribunal, after considering the submissions and records, found no grounds for imposing penalties due to the correct availing of Modvat credit by Unit No. 1. Therefore, the penalties were not upheld, and the appeals were allowed based on the same reasoning as the Modvat credit reversal issue.Issue 3: Jurisdictional authority in case of import-related violationsThe Tribunal highlighted the jurisdictional aspect, emphasizing that the Commissioner of Central Excise, Belgaum, was not the relevant authority regarding the import of goods, which fell under the jurisdiction of the Customs House at Mumbai and Chennai. Any violations related to the import license should have been addressed by the respective Commissioner of Customs under the Customs Act, 1962. Since the Modvat scheme requirements were met by Unit No. 1, the jurisdictional issue was crucial in determining the legality of availing Modvat credit.Issue 4: Regularization of import by the DGFTThe regularization of the import by the DGFT played a significant role in the Tribunal's decision. The Tribunal noted that the DGFT regularized the import of capital goods for installation at Unit No. 1, similar to a previous case precedent. This regularization, post-importation, was considered valid, further supporting the appellants' argument that their actions were in compliance with the law. The Tribunal's decision to allow the appeals was influenced by the DGFT's regularization, confirming the legality of the import and installation process.In conclusion, the Tribunal found in favor of the appellants, setting aside the order for reversal of Modvat credit and penalties, based on the correct interpretation of the Modvat scheme, jurisdictional considerations, and the regularization of import by the DGFT.