2004 (2) TMI 636 - AT - Central Excise

Tribunal Upholds Disallowance of Modvat Credit on Iron Waste for M.S. Ingot Manufacturers

The Tribunal upheld the Commissioner's decision disallowing Modvat credit on iron waste and scrap for manufacturers of M.S. Ingots, as legal decisions ... Cenvat/Modvat - Re-adjudication - Scope Issues:1. Applicability of certain legal decisions in a case involving Modvat credit on iron waste and scrap.2. Time bar issue raised by the appellant.Analysis:Issue 1: Applicability of legal decisionsThe appeal involved a dispute regarding the applicability of legal decisions, specifically the cases of Hero Cycles Ltd. v. CCE and CCE v. Prem Industries, in a matter concerning Modvat credit on iron waste and scrap. The appellants, manufacturers of M.S. Ingots, purchased scrap from a dealer at Calcutta, who acquired it from the consignment agent of TISCO. The Commissioner disallowed the Modvat credit claimed by the appellants and imposed penalties, leading to the appeal before the CEGAT. The CEGAT remanded the case to the Commissioner to consider the relevance of the aforementioned legal decisions to the facts of the case. The Commissioner, after re-adjudication, concluded that the decisions were not applicable as the goods were not directly purchased from TISCO or its consignment agent, but through dealers, and only carbon copies of documents were endorsed to the appellants. Therefore, the Commissioner disallowed the credit and penalties, a decision upheld by the Tribunal.Issue 2: Time bar contentionThe appellant raised a time bar issue, contending that the demand was time-barred. However, the Tribunal noted that the Commissioner's order was passed in accordance with the directions given by the CEGAT in the remand order, which did not include the time bar issue. The Tribunal emphasized that new issues, including time bar, could not be raised beyond the scope of the remand order. It was stated that if the appellants were dissatisfied with any aspect, they should have raised it during the initial proceedings or challenged the remand order itself. As the time bar issue was not part of the remand directions, the Tribunal rejected its consideration at that stage.In conclusion, the Tribunal found no merit in the appeal and rejected it based on the Commissioner's decision aligned with the directions provided in the remand order by the CEGAT. The judgment emphasized the importance of adhering to the scope of remand orders and the limited grounds on which new issues could be raised during subsequent proceedings.