2002 (9) TMI 587 - AT - Central Excise

Summary

Issues:
- Availment of Modvat credit in respect of inputs
- Disallowance of Modvat credit and penalty imposition
- Time-barred demand for issue of show cause notice

Issue 1: Availment of Modvat credit in respect of inputs

The dispute in the appeal revolves around the availment of Modvat credit in relation to inputs. The impugned order disallowed Modvat credit exceeding Rs. 2.5 crores and imposed a penalty of Rs. 10 lacs on the appellant. The appellant's counsel argued that the credits were rightfully availed as the inputs were used in manufacturing dutiable final products. The objection raised pertained to technicalities, specifically the non-declaration of inputs - C-4 Raffinate, Law Aromatic Neptha, LSHS, and C-5 Reformate. The appellant contended that the demand should be considered time-barred as all relevant information regarding Modvat credit utilization for duty payment on final goods was known to the Central Excise authorities. The appellant's position was supported by references to previous tribunal decisions and circulars advising against denying credit for technical breaches of Modvat rules.

Issue 2: Disallowance of Modvat credit and penalty imposition

The finding in the impugned order suggested that non-declaration of Modvat credit amounted to suppression of facts, justifying the imposition of a demand and penalty. However, the appellant argued that since the inputs were declared and utilized in manufacturing final products, there was no intent to evade duty. The appellant maintained that the Central Excise authorities were informed about the inputs through statutory records and returns, negating any charge of suppression of facts. The tribunal accepted the appellant's stance, concluding that the demand and penalty were beyond the permissible time limit, and hence, set aside the same. The decision emphasized that the circumstances did not warrant a charge of suppression of facts, thereby rejecting the imposition of duty demand and penalty based on the extended period under the proviso to Section 11A of the Central Excise Act.

Issue 3: Time-barred demand for issue of show cause notice

The entire demand in question fell outside the standard six-month period for issuing a show cause notice. The appellant argued that all relevant details regarding Modvat credit utilization were known to the authorities through prescribed documents and returns, making the demand time-barred. The tribunal concurred with this argument, highlighting that the appellant's compliance with statutory requirements and disclosures precluded any justification for raising a duty demand beyond the permissible time limit. Consequently, the tribunal allowed the appeal, setting aside the demand and penalty imposed in the impugned order due to their time-barred nature.

This comprehensive analysis of the judgment from the Appellate Tribunal CEGAT, Mumbai, provides a detailed overview of the issues concerning the availment of Modvat credit, disallowance of credit, penalty imposition, and the time-barred nature of the demand for issuing a show cause notice.