2001 (5) TMI 648 - AT - Central Excise

Tribunal allows manufacturer's appeal on excise duty, citing Section 3A and Modvat credit lapse

The Tribunal set aside the Commissioner (Appeals) order, allowing the appeal of the appellant, a manufacturer of 'Ingots,' regarding the payment of duty ... Modvat - Ingots - Appellants Issues:1. Interpretation of Rule 57H(7) and Rule 57F(17)(c) regarding payment of duty on excisable goods.2. Application of the decision of the Hon'ble Allahabad High Court in the case of M/s. Super Cassette Industries Ltd. v. UOI to the present case.Issue 1: Interpretation of Rule 57H(7) and Rule 57F(17)(c) regarding payment of duty on excisable goods:The appellant, a manufacturer of 'Ingots,' was availing Modvat facility under Rule 57A/57Q of the Central Excise Rules, 1944, and later started paying duty on compounded rates under Section 3A of the Central Excise Act, 1944. The Assistant Commissioner issued a show cause notice for recovery of duty on inputs lying in stock and used in final products. The Deputy Commissioner dropped the proceedings, but the Commissioner (Appeals) allowed the Department's appeal based on Rule 57H(7) and Rule 57F(17)(c). However, the Tribunal found that the provisions cited by the Department did not apply to the appellant's case. The Tribunal noted that the appellant had switched to paying duty under Section 3A and had not utilized any Modvat credit after the appointed date. Therefore, there was no basis for demanding additional duty. The Tribunal held that the lower appellate authority's reliance on the Allahabad High Court decision was misplaced. The Court's observation about finalizing credit applied to goods cleared without duty payment, unlike the present case where duty was paid on final products and the Modvat credit had lapsed. Consequently, the Tribunal set aside the Commissioner (Appeals) order, allowing the appeal.Issue 2: Application of the decision of the Hon'ble Allahabad High Court in the case of M/s. Super Cassette Industries Ltd. v. UOI to the present case:The Commissioner (Appeals) had relied on the Allahabad High Court decision in the case of M/s. Super Cassette Industries Ltd. v. UOI, where it was held that credit finalization depends on the proper utilization of inputs under Rules 57A and 57F. However, the Tribunal differentiated the present case, emphasizing that the appellant had paid duty on final products, causing the Modvat credit to lapse. The Tribunal concluded that the Allahabad High Court's judgment did not apply to the appellant's situation, as the credit had lapsed and was not utilized post the appointed date. Therefore, the Tribunal held that the lower appellate authority's interpretation was incorrect, leading to the appeal being allowed and the order set aside.This detailed analysis of the judgment from the Appellate Tribunal CEGAT, New Delhi highlights the key issues of interpretation of relevant rules and the application of a previous court decision to the present case, resulting in a favorable outcome for the appellant.