2022 (10) TMI 56 - AT - Central Excise

Tribunal rules in favor of Appellant on Modvat credit eligibility & SCN legality.

M/s. Ronix Polymer Private Limited Versus Commissioner of CGST & CX, Howrah Commissionerate

M/s. Ronix Polymer Private Limited Versus Commissioner of CGST & CX, Howrah Commissionerate - TMI Issues:1. Eligibility to avail transitional Modvat credit.2. Legality of proceedings initiated through the Show Cause Notice (SCN).Eligibility to avail transitional Modvat credit:The case involved the Appellant, M/s. Ronix Polymer Private Limited, challenging the disallowance of Modvat credit and imposition of a penalty. The dispute dated back to the period 1994-95 and had undergone multiple rounds of litigation. The Appellant obtained registration with the Central Excise Department and filed necessary declarations for availing transitional Modvat credit. However, issues arose regarding the timeliness of filing returns and declarations. The original adjudication resulted in a demand confirmation, which was subsequently upheld in various appeal stages. The matter was remanded for fresh adjudication due to lack of clarity on crucial dates and facts. In the final decision, the Tribunal found that the proceedings had exceeded the scope of the allegations made in the SCN. The demand was based on the alleged wrongful availment of an SSI exemption, which was not part of the original SCN. As per legal principles, when the assessee is not properly notified of the reasons for the demand, the proceedings cannot be sustained. Consequently, the demand was quashed on this ground alone. The Tribunal also noted that the invocation of the extended period of limitation was unfounded, as the necessary declarations for Modvat credit had been duly filed by the Appellant. Therefore, the duty demand was set aside, and the appeal was allowed with consequential relief.Legality of proceedings initiated through the Show Cause Notice (SCN):The Tribunal scrutinized the impugned adjudication order and found that the allegations made in the SCN did not align with the basis for disallowing the Modvat credit. The Department had accused the Appellant of availing an SSI exemption, a fact not included in the original SCN. Despite the disclosure of this exemption in the quarterly excise returns, the Department failed to raise it as an issue in the SCN. The Tribunal emphasized that legal proceedings must be based on the allegations put forth in the notice to the assessee. In this case, since the demand was not in line with the SCN, it could not be legally sustained. Furthermore, the invocation of the extended period of limitation was deemed unjustified as it was linked to an allegation not raised in the SCN. The Tribunal reiterated that compliance with statutory requirements, such as filing the necessary declarations for Modvat credit, should be duly recognized. Ultimately, the Tribunal ruled in favor of the Appellant, setting aside the duty demand and providing relief in accordance with the law.---