2006 (4) TMI 4 - AT - Central Excise

Tribunal upholds order on Modvat credit appeal, dismissing Department's case and resolving Cross Objection

CCE, SILIGURI Versus CHAUPARA POLY PACK UNIT

CCE, SILIGURI Versus CHAUPARA POLY PACK UNIT - 2006 (74) RLT 975 (CESTAT - Kol.) Issues involved:1. Availment of Modvat credit on capital goods without filing declaration for exempted products.Analysis:The case revolves around the appellant's availment of Modvat credit on capital goods without filing a declaration for exempted products. The appellant received a Tea Packing Machine in their factory while their final product, 'Packaged Tea,' was exempted from duty. The key point of contention is whether the capital goods were installed in the factory during the relevant period. The show cause notice alleged that the appellant availed credit when their products were exempted from duty but took the credit after the products were brought into the tax net. The Commissioner (Appeals) highlighted that the appellant received the capital goods before the imposition of the levy on their final product but took the credit after the levy was imposed. This implies that the appellant might have installed the machine after their products became taxable.The Tribunal, after hearing the arguments and examining the records, found that the issue at hand was narrow and proceeded to dispose of the appeal without postponing the hearing. The order-in-appeal was deemed sound, with no identified flaws warranting interference. Consequently, the Department's appeal was dismissed, and the Cross Objection filed by the Respondent was also addressed and resolved. The judgment concludes with the pronouncement of the decision in open court, bringing the matter to a close.