2006 (2) TMI 439 - AT - Central Excise

Summary

Issues:
1. Eligibility for transfer of Modvat credit attribute inputs used in processing.
2. Interpretation of previous Tribunal orders in similar cases.

Analysis:
1. The judgment revolves around the eligibility of the appellant, a manufacturer of Polyester Film, for the transfer of Modvat credit attribute inputs used in processing by job workers. The appellant sends raw materials to job workers for processing into chips and return. The job workers use duty paid inputs during processing, and upon returning the processed inputs, they transfer the Modvat credit attribute inputs to the appellant. However, under the impugned orders, it was held that the credit was not due. The appellant contested this decision, arguing that since job workers used duty paid inputs for processing, they were entitled to the transfer of those credits. The appellant relied on previous Tribunal orders and decisions to support their contention.

2. The Tribunal analyzed the record and considered the arguments presented by the appellant and the Senior Departmental Representative. It was noted that in an identical case, the Tribunal had previously ruled in favor of the manufacturer in similar circumstances, including in the appellant's own case. Citing these previous orders and decisions, the Tribunal concluded that the appellant was indeed eligible for the transfer of Modvat credit attribute inputs used in processing. The Tribunal upheld the view taken in the earlier orders and allowed the present appeal, granting consequential relief to the appellant as deemed necessary.