2007 (3) TMI 580 - AT - Central Excise

Court grants relief in Modvat credit case, disallows reassessment by authorities

SAMIR CASTINGS PVT. LTD. Versus COMMISSIONER OF C. EX., PUNE-II

The court allowed the appeal, setting aside the impugned order and granting relief to the appellants in a case involving Modvat credit based on duty paid ... Cenvat/Modvat - Inputs Issues:1. Availment of Modvat credit based on duty paid by the manufacturer of Pig Iron.2. Dispute regarding the duty amount paid by the manufacturer of Pig Iron.3. Applicability of Modvat rules in determining credit entitlement.4. Confirmation of a disputed amount by lower authorities.Analysis:1. The case involved the appellants, engaged in manufacturing C.I. Castings, availing Modvat credit based on duty paid by the manufacturer of Pig Iron. The Revenue contended that the manufacturer of Pig Iron should have paid a lesser duty amount, thus denying the appellant the benefit of Modvat credit amounting to Rs. 42,508.2. Upon hearing both sides, the judge noted that the duty paid by the Pig Iron manufacturer had been utilized as credit by the appellant. It was emphasized that the Central Excise authorities could not reassess duty at the input manufacturer's end once credit had been availed. The Modvat rules entitle an assessee to credit duty 'paid,' not duty 'payable.' Since the appellant had utilized the credit of duty actually paid by the input manufacturer, they could not be deprived of the same. Consequently, the impugned order was set aside, and the appeal was allowed with consequential relief to the appellants.3. However, a separate amount of Rs. 509 confirmed by lower authorities on different grounds was not contested by the appellant. This amount was acknowledged and confirmed accordingly, separate from the primary dispute over the Modvat credit.In conclusion, the judgment clarified the application of Modvat rules in determining credit entitlement based on duty paid by the manufacturer of Pig Iron. It upheld the principle that once duty paid by the input manufacturer is utilized as credit, reassessment by Central Excise authorities is not permissible. The decision provided relief to the appellants regarding the disputed Modvat credit amount, while confirming a separate, undisputed amount as per the lower authorities' findings.