2004 (6) TMI 396 - AT - Central Excise

Summary

Issues:
Challenge to correctness of Commissioner's Order regarding refund eligibility for Modvat credit.

Analysis:
The appellant challenged the Commissioner's Order seeking to recover a refund granted for Rs. 1,36,635 on the grounds of Modvat credit eligibility. The refund claim was related to AED paid on nylon tyre cord fabric, an input for the final product. The appellant argued that they were eligible for the refund as per Notfn. No. 85/87-C.E. and Rule 57F(13) which allows for refund when inputs are used in products cleared for export or for intermediate products cleared for export. The Commissioner restricted the meaning of 'any reason' in the notification to deny the refund based on non-utilization of credit.

Analysis Continues:
The Tribunal considered both sides' arguments and noted that the Board had issued a clarification through Circulars stating that refund of AED should be allowed under Rule 5 of Cenvat Credit Rules irrespective of the duty's eligibility on the finished product. Referring to a previous case where the Tribunal upheld a similar refund claim, the Tribunal rejected the Revenue's claim to wait for further clarification from the Ministry of Law.

Analysis Continues:
The Tribunal relied on a judgment in a different case where circulars similar to the ones in question were upheld, supporting the ground for refund. It was concluded that the original ground for refund in the present case was valid, even though there was no AED levy on tyres for domestic purposes. The Tribunal emphasized that Notfn. No. 85/87-C.E. does not restrict refund eligibility based on non-utilization of AED for domestic clearances when the duty is nil. The Commissioner's interpretation of 'any reason' to deny the refund was deemed incorrect, and the Tribunal allowed the appellant's claim based on previous rulings and circulars.

Conclusion:
In light of the Board's Circulars and previous rulings, the Tribunal allowed the appellant's claim for refund of AED not utilized for domestic clearances. The appeal was allowed with consequential relief granted to the appellants.