- (1.) Present appeal has been filed under Section 35G of the Central Excise Act, 1944, (hereinafter referred to as the Act), against the order dated 4th March, 2004 passed by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi. The appeal has been admitted by this Court on the following two questions of law: 1. Whether the Modvat credit is admissible without filing the declaration before receipt goods as statutorily requirement under the erstwhile Rule 57T? 2. Whether Modvat credit is admissible on the capital goods falling under S.H. 7219.20 which are not recovered under the definition of capital goods?
(2.) Briefly stated the facts giving rise to the present appeal are as follows: The respondent's company is a Public Limited Company and is engaged in manufacture and sale of paper and allied products. During the period 1998-1999 it had availed Modvat credit in respect of stainless steel plates, stainless steel arsis, parts and components of P.D. pump and CI coils/plates of stainless steel. The Adjudicating Authority had denied Modvat credit in respect of stainless steel plates and arsis on the ground that credit was taken before filing the necessary declaration under Rule 57T of the Central Excise Rules, hereinafter referred to as the Rules. Further the adjudicating authority had denied the Modvat credit in respect of parts and components of PD pumps on the ground that they were not covered under the definition of capital goods. In respect of C.I. coils/plates of stainless steel the credit was denied on the ground that they were not covered under the definition of capital goods as these are classifiable under the Heading 7219.20 of the Central Excise Tariff Act, 1985. The appeal preferred by the assessee failed and the order of the Adjudicating Authority was upheld by the Commissioner (Appeals). However, the Tribunal has held that Modvat credit in respect of stainless steel plates, stainless steel arsis was taken after filing the prescribed declaration and moreover, in view of the amendment of the Rule 57T of the Rules by Notification No. 7/99-C.E. (N.T.), dated 9-2-1999 credit could not have been denied on the ground that the declaration did not contain all the details required to be contained or the manufacturer failed to comply with any other requirement under sub-rule (1) of Rule 57T. So far as parts and components of PD pump are concerned the Tribunal had held that as these items are classifiable under the heading 8483 of the Central Excise Tariff which relates to capital goods, therefore benefit of Modvat credit was admissible. However, in respect of C.I. coils/plates of stainless steel the Tribunal has remitted the matter to the Adjudicating Authority to find out as to whether these items are used in plant and machinery or not.
(3.) We have heard Sri R.C. Shukla, learned senior standing counsel appearing for the Revenue. Nobody appears for the respondent-assessee.;