2011 (2) TMI 39 - AT - Central Excise

Tribunal remits case for reconsideration, emphasizing natural justice principles. Adjudicating Authority to decide within 3 months.

The Tribunal remitted the case back to the Adjudicating Authority for reconsideration, emphasizing the application of principles of natural justice. The ... Cenvat credit – SCN for reversal of cenvat credit - Commissioner (A) while upholding the Order-in-Original not recorded any detailed finding as regards the submissions made by the appellants before him as regards the usage of the items in the factory premises – matter remanded back to the Adjudicating Authority to reconsider the issue afresh Issues:Appeal against Order-in-Appeal disallowing cenvat credit for various items used in manufacturing; Interpretation of Rule 57Q of Central Excise Rules, 1944 for eligibility of credit; Application of judgments in Vandana Global Ltd. & Ors. case and UOI Vs. Rajasthan Spinning & Weaving Mills case.Analysis:The case involved two appeals challenging the Order-in-Appeal disallowing cenvat credit for items like chequered plates, Tor steel, TMT bars, etc., used in manufacturing. The appellants claimed the items were eligible for credit as they were used in relation to manufacture or as capital goods. The revenue authorities issued show cause notices for reversal of credit, leading to appeals before the Adjudicating Authority, who allowed credit on some items but disallowed on others. The Commissioner (A) upheld the decision, prompting the current appeals.The appellant's counsel argued that the lower authorities failed to consider the usage of items as capital goods or for manufacturing purposes. On the other hand, the SDR contended that Rule 57Q of the Central Excise Rules, 1944 applied, and the items were not covered, citing the Vandana Global Ltd. & Ors. case and Parle Biscuits case to support the ineligibility of credit.In response, the appellant's counsel referenced the Vandana Global Ltd. & Ors. case and the UOI Vs. Rajasthan Spinning & Weaving Mills case, suggesting their applicability to the current situation. However, the Tribunal noted that the Commissioner (A) and the Adjudicating Authority did not provide detailed findings on the submissions made by the appellants. Consequently, the Tribunal decided to remit the matter back to the Adjudicating Authority for reconsideration, emphasizing the application of principles of natural justice. The Tribunal directed the Adjudicating Authority to reach a conclusion within three months from the date of the order, keeping all issues open for further examination. The appeals were allowed by way of remand.