2007 (5) TMI 432

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.... 2. The relevant facts that arise for consideration are : During October, 2005, the Central Excise Audit Party, Head Quarters Officer, Ahmedabad-II conducted audit and on detailed scrutiny of the records of appellant, it was noticed that the appellant has been manufacturing induction melting/heating furnace and welder and parts thereof falling under Chapter 8514. The appellant has been availing Cenvat credit on raw materials. On scrutiny of RG-23A Pt. II and export records, it was noticed that the unit had substantial exports and therefore it should have excess Cenvat credit balance lying unutilized through out the year in their records. On these lines further scrutiny was done and it was observed that the appellant was clearing ....

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....he fact that the amount which has been shown as excise duty on the invoices has been paid and deposited with the authorities immediately. 4. The ld. SDR on the other hand submits that the appellant has tried to pass on the ineligible Modvat credit to the appellant's buyers by resorting to inflating the value of the spare parts. By this, the appellant transferred unutilized Modvat credit on the parts, which were used by them for the manufacture and clearance of final products for exports. It is his submission that provisions of Rule 3 of Cenvat Credit Rules, 2004 would apply to this case and hence the appellant is required to pay the amount of credit availed by them. 5. Considered the submissions made at length by both sides ....

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.... thereunder, and has collected any amount in excess of the duty assessed or determined and paid on any excisable goods under this Act or the rules made thereunder from the buyer of such goods] in any manner as representing duty of excise, shall forthwith pay the amount so collected to the credit of the Central Government. 2.       Where any amount is required to be paid to the credit of the Central Government under sub-section (1) and which has not been so paid, the Central Excise Officer may serve, on the person liable to pay such amount, a notice requiring him to show case why the said amount, as specified in the notice, should not be paid by him to the credit of the Central Government. 3.  &n....