2002 (8) TMI 477 - AT - Central Excise

Summary

Issues:
1. Availment of Modvat credit on inputs not used in manufacturing LPG Cylinders.
2. Imposition of duty and penalty by the Additional Commissioner.
3. Upholding of the order by the Commissioner (Appeals).
4. Reduction of penalty by CEGAT.
5. Review petition filed challenging the Tribunal's order.

Analysis:

1. The petitioners, engaged in manufacturing LPG Cylinders, availed Modvat credit on inputs like H.R. Sheets/Coils. The Additional Commissioner found that they claimed credit on inputs not used for manufacturing cylinders, demanding duty and imposing a penalty under relevant Central Excise Rules.

2. The Commissioner (Appeals) upheld the original order, leading to a second stage appeal before CEGAT. The final order by CEGAT affirmed the decision but reduced the penalty imposed on the appellants.

3. The Review petition challenges the Tribunal's order. The petitioners argue that the wastage in manufacturing LPG Cylinders is higher than accounted for, questioning the differential duty demand. However, the Tribunal emphasized the legal duty of the assessee to account for inputs and dismissed the petitioners' submissions for lack of evidence.

4. Referring to a previous case, the Tribunal highlighted that decisions validly made cannot be reviewed based on alleged errors in fact or law. The Tribunal clarified that it lacks the power to review its orders, rejecting the petitioners' attempt to introduce fresh facts for a favorable review.

In conclusion, the Tribunal dismissed the Review petition as it sought a reappraisal of facts and admission of new evidence, which is impermissible under the law. The judgment reaffirmed the importance of complying with legal duties in claiming credits and emphasized the limitations on reviewing validly made decisions.