2003 (2) TMI 123 - AT - Central Excise

Tribunal grants appeal due to time-barred Modvat credit recovery, dismisses Department's claim

The Tribunal allowed the appeal of the appellants as the demand for Modvat credit recovery was found to be time-barred. The Department's claim of ... Cenvat/Modvat - Demand - Limitation Issues involved: Duty demand confirmation, Modvat credit disallowance, Penalty imposition, Time-barred demand.Duty Demand Confirmation: The appellants, engaged in manufacturing electric wires and cables, availed Modvat credit on raw materials like copper wires purchased from certain firms. Central Excise officers alleged that the purchased copper wire was not received or used by the appellants in manufacturing, leading to a duty demand of Rs. 6,37,246/- with a penalty. The adjudicating authority upheld the demand and penalty, with a separate penalty on a partner of the appellants. The Commissioner (Appeals) set aside one penalty but confirmed the rest.Modvat Credit Disallowance: The appellants contested the non-receipt and non-utilization of copper wire, arguing lack of tangible evidence. They claimed that the gate passes were submitted, entries made, and payments done through cheques. The Tribunal noted that the Department was aware of the Modvat credit availed by the appellants based on the gate passes, and no evidence proved non-receipt or non-utilization of the raw material. Lack of manufacturing facilities at the supplying firms did not conclusively prove non-supply to the appellants.Time-barred Demand: The Tribunal found the demand for Modvat credit recovery to be time-barred. The Modvat credit was availed during 1991-92 and 1992-93, with all relevant documents submitted. The Department was informed about the raw material receipt and payments made. The show cause notice was issued after the normal statutory period, indicating the demand was time-barred. The Tribunal set aside the Commissioner (Appeals) order, allowing the appeal of the appellants due to the time-barred nature of the demand.