2003 (11) TMI 205 - AT - Central Excise

Tribunal allows Modvat credit, finds orders exceeded notice scope. Nandesari unit entitled to credit.

The Tribunal set aside the impugned orders disallowing Modvat credit, finding they exceeded the scope of the Show Cause Notices. The Nandesari unit was ... Cenvat/Modvat Issues:1. Disallowance of Modvat credit based on Show Cause Notices.2. Validity of Rule 57E certificate for availing credit.3. Retroactive application of amended provisions of Rule 57E.4. Jurisdiction over certificates and credit availed by recipient.Analysis:1. The appeals involved the disallowance of Modvat credit by the Nandesari unit based on two Show Cause Notices issued in 1997. The issue was whether the grounds for disallowance mentioned in the notices were valid and within the scope of the proceedings.2. The Nandesari unit availed credit based on a Rule 57E certificate issued by the Ankleshwar unit. The dispute arose regarding the validity of the certificate and whether it contained all the necessary particulars for availing the credit.3. The appellants argued against the retroactive application of the amended provisions of Rule 57E, contending that the rule could not be applied retrospectively to transactions predating the amendment.4. The Tribunal considered the jurisdiction over the certificates and the credit availed by the Nandesari unit. It was established that the credit availed based on validly issued certificates could not be altered by the recipient's officers unless the issuing officers took corrective action to withdraw the certificates.The Tribunal found that the impugned orders had exceeded the scope of the Show Cause Notices and should be set aside. It was noted that the situation was revenue-neutral as both units belonged to the same manufacturer. The Tribunal emphasized that the Nandesari unit was entitled to the credit based on the validly issued certificates until the issuing officers initiated corrective action. Therefore, the impugned orders were set aside, and the appeals were allowed with consequential relief to the appellants.