2004 (5) TMI 395 - AT - Central Excise

Summary

Issues:
Whether the appellants are required to reverse the proportionate duty or @ 8% duty on inputs used for manufacturing exempted goods as per sub-rule (9) of Rule 57CC.

Analysis:
The appeal in question stemmed from Order-in-Appeal No. 734/2001-C.E., dated 20-11-2001, focusing on whether the appellants must reverse the proportionate duty or @ 8% duty on inputs utilized for producing exempted goods, as mandated by sub-rule (9) of Rule 57CC. The Commissioner (Appeals) ruled in favor of the duty reversal, while the appellants argued against it, citing the absence of a provision for recovery of this amount in the rule and machinery.

The learned Counsel for the appellants referenced several judgments supporting their stance, such as Pushpam Forgings, Licon Eskey Enterprises, Jayant Oil Products Ltd., Hi-Line Pens Pvt. Ltd., Murugappan Morgan Thermal Ceramics Ltd., Allen Reinforced Plastics Pvt. Ltd., Thermax Ltd., Rochees Watches Ltd., and Wheel & Axle Plant. Notably, the Wheel & Axle Plant case highlighted the lack of machinery for recovery, leading to the order's annulment.

In response, the learned DR contested the applicability of the aforementioned judgments, emphasizing the subsequent incorporation of provisions for recovery. However, the period under scrutiny in the present case ranged from August 98 to November 99, predating the updated provisions, thus raising a temporal limitation.

Upon thorough evaluation of the arguments and referenced judgments, the Tribunal observed the absence of a provision for recovering the duty amount, aligning with the precedent set by previous judgments. Consequently, the demand for duty reversal could not be upheld based on the established legal principles. Consequently, the impugned order was overturned, allowing the appeals with any necessary consequential relief.