2004 (8) TMI 203 - AT - Central Excise

Appellate Tribunal Upholds Denial of Modvat Credit for Trial Production of Ayurvedic Medicaments

The Appellate Tribunal CESTAT, Bangalore, upheld the denial of Modvat credit on inputs used for trial production by manufacturers of Ayurvedic ... Cenvat/Modvat - Penalty and Interest Issues:- Denial of Modvat credit on inputs used for trial production- Application of Rule 57D of the Central Excise Rules- Intimation requirement for destruction of waste- Imposition of penalty and interestDenial of Modvat credit on inputs used for trial production:The appellants, manufacturers of Ayurvedic Medicaments, availed Modvat credit on inputs/raw materials used for manufacturing 'chicklets' during trial production. The goods manufactured did not meet quality standards and were destroyed. A Show Cause Notice was issued for denying Modvat credit of Rs. 4,74,050. The Joint Commissioner ordered credit reversal and imposed penalties. The appeal was rejected by the Commissioner (Appeals).Application of Rule 57D of the Central Excise Rules:The appellants argued that Rule 57D should apply as the inputs became waste during the manufacture of the final product. However, the department contended that since the waste did not arise during the manufacturing process but the entire production became waste, Rule 57D does not cover the situation. The lower authorities correctly denied credit based on this interpretation.Intimation requirement for destruction of waste:The appellants failed to inform the department about the destruction of waste as required under the self-removal procedure. The failure to intimate the department led to the correct denial of credit by the lower authorities. However, no penalty was imposed for this lapse as there was no proposal for it.Imposition of penalty and interest:The Tribunal considered precedents and rulings to set aside the penalty and interest imposed on the appellants. Citing the decision in the case of CCE, Delhi-III v. Machino Montell, the penalty and interest were waived since the Modvat credit was paid before the Show Cause Notice was issued. The Karnataka High Court decision further supported the waiver of penalty and interest, leading to a favorable outcome for the appellants.This detailed analysis of the judgment highlights the key issues addressed by the Appellate Tribunal CESTAT, Bangalore, regarding the denial of Modvat credit, application of Rule 57D, intimation requirements, and the imposition of penalty and interest in the case.