2003 (12) TMI 478 - AT - Central Excise

Summary

Issues:
Claim for Modvat credit on explosives and detonators used in mines; Recall of Final Order based on subsequent Supreme Court judgment.

Analysis:
The appeal revolved around the entitlement of the appellants to claim Modvat credit on explosives and detonators utilized in blasting limestone in captive mines. The Tribunal dismissed the appeal, along with 14 others, as the issue had already been decided against the appellants in a prior Larger Bench decision in Jay Pee Rewa Cements v. Commissioner of Central Excise. The appellants sought a recall of the Final Order citing a subsequent Supreme Court judgment in the Jay Pee Rewa Cements case, which allowed Modvat credit on explosives and detonators used in mines.

The Tribunal, however, held that a subsequent change in law does not provide a valid ground to recall the impugned order. The Tribunal emphasized that rectification of mistakes in the Final Order can only be made for obvious and patent errors, not for those arising from subsequent legal developments. Citing precedents like Montana Valves and Compressors Ltd. v. CCE and MVT International v. CCE, the Tribunal reiterated that decisions made after the passing of the impugned order cannot serve as the basis for rectification.

Consequently, the Tribunal found the application for recall not maintainable and dismissed the same, stating that the Supreme Court judgment in the Jay Pee Rewa Cements case, which favored Modvat credit, came after the impugned order was passed. The Tribunal emphasized the importance of following the law as laid down by the Larger Bench at the time of the original decision, highlighting that subsequent legal developments do not warrant a recall of the Final Order.