2003 (2) TMI 346 - AT - Central Excise

Summary

Issues:
1. Disallowance of excess Modvat credit taken by the appellant.
2. Disallowance of Modvat credit due to processed inputs received beyond the prescribed time limit.
3. Disallowance of specific Modvat credits and imposed penalty.

Issue 1:
The appellants had taken excess Modvat credit during the material period, which was disallowed by the original authority. The excess credit of Rs. 17,438/- was taken by the appellants, which was found to be in excess of the 10% limit prescribed under sub-rule (7) read with sub-rule (6) of Rule 57F. The appellants contended that they had taken the credit correctly in terms of sub-rule (7) and relied on relevant case laws. The appellate tribunal observed that the excess credit was not taken beyond the limit prescribed under sub-rule (7), where the appellants were entitled to take credit equal to the amount debited under sub-rule (6). The tribunal held that the denial of the credit of Rs. 17,438/- based on a ground under sub-rule (6) was not justifiable, as it was a minor technical defect.

Issue 2:
Regarding the disallowance of Modvat credit amounting to Rs. 32,364/-, the appellants had taken credit on processed inputs received back in their factory beyond the prescribed 60-day period. The tribunal noted that the rules required the processed inputs to be returned within the specified time limit or with an extension granted by the Assistant Commissioner. As the period was not extended in this case, the receipt of processed inputs beyond 60 days was unauthorized, leading to the correct disallowance of the credit by the authorities. The tribunal upheld the decision to disallow the credit of Rs. 32,364/- in this regard.

Issue 3:
The appellants also challenged the disallowance of specific Modvat credits of Rs. 4,044/- and Rs. 650/-, as well as the imposed penalty of Rs. 10,000. The tribunal found merit in the appellant's argument that these amounts were part of the previously disallowed credits and directed the original authority to re-examine the admissibility of credits amounting to Rs. 4,044/- and Rs. 650-. The tribunal set aside the disallowance of these specific credits and the penalty, providing the appellants with a reasonable opportunity to be heard on this limited question.

In conclusion, the appellate tribunal set aside the disallowance of specific Modvat credits while upholding the decision on the remaining credit issue, directing a fresh examination by the original authority on certain credits and providing the appellants with a fair hearing opportunity.