2011 (6) TMI 542 - AT - Central Excise

Tribunal waives pre-deposit, remands for re-examination of evidence on input credit reversal.

The Tribunal granted a waiver of pre-deposit of demanded duty and remanded the matter to the Commissioner for re-examination of documents showing the ... Stay application – cenvat credit - demanding them duty for non-reversal of credit taken on inputs used in manufacture of animal drawn tyres which are exempt from duty – Held that:- order has been passed without considering the records produced by the appellant as directed by this Tribunal in the earlier proceedings. Therefore, we grant waiver of pre-deposit of duty demanded granted. matter remanded to the Commissioner to re-examine the document placed before him by the appellant showing clearly the total reversal of credit as well as reversal of credit on inputs which has gone in manufacture of dip tyre fabric used in manufacture of animal drawn vehicle tyre which is duly certified by the chartered accountant also. Issues:1. Duty demand for non-reversal of credit on inputs used in manufacturing animal drawn tyres exempt from duty.Analysis:The appellants appealed against the Commissioner's order demanding duty for not reversing the credit taken on inputs used in manufacturing animal drawn tyres exempt from duty. The Tribunal, in an earlier order, remanded the matter back to the Commissioner to specifically examine whether the credit of duty on inputs had been reversed by the appellants. In the remand proceedings, the appellants produced records showing the reversal of CENVAT credit, but the Commissioner found the documents insufficient as they were unsigned and not specific to the appellant. The appellants contended that they provided necessary details for the examination, but the Commissioner rejected their claim due to lack of proper documentation. The Commissioner's order was challenged, and the matter was brought before the Tribunal for re-examination.2. Re-examination of documents and reversal of credit.The Tribunal noted that the Commissioner did not examine the matter on merits and passed the order without considering the records produced by the appellants. As a result, the Tribunal granted a waiver of pre-deposit of the demanded duty and decided to dispose of the appeal at that stage. The Tribunal remanded the matter back to the Commissioner for re-examination of the documents provided by the appellants, including the total reversal of credit and reversal of credit on inputs used in manufacturing the tyres, certified by a chartered accountant. The Commissioner was directed to pass an appropriate order within three months, giving the appellants a reasonable opportunity to present their case and cooperate in the remand proceedings.In conclusion, the Tribunal disposed of the appeals and stay applications, emphasizing that the Commissioner must re-examine the documents provided by the appellants and give them a fair opportunity to present their case.