2003 (11) TMI 512 - AT - Central Excise

Summary

Issues:
1. Modvat credit availed by the appellants before and after 1-4-94.
2. Demand of duty on clearance of exempted final product.
3. Contention regarding the reversal of credit amount.
4. Lack of records produced by the appellants.

Modvat Credit Availed:
The appellants were availing Modvat credit @ Rs. 1,000/- per Metric Ton for inputs used in manufacturing exempted products before 1-4-94. Post 1-4-94, inputs attracted a higher duty rate of 15%, resulting in excess credit availed by the appellants. The issue revolved around the reversal of credit amount due to the change in duty rates.

Demand of Duty:
A show cause notice was issued to the appellants for clearing exempted final products by reversing credit @ Rs. 1,000/- per metric ton instead of the required 15% from December 1995 to April 1996. The authorities contended that the stock of inputs on 1-4-94 could not be used for products cleared later, and the lack of produced records further complicated the matter.

Contention and Reversal of Credit:
The appellants argued that if they had a stock of inputs received before 1-4-94, the reversal should be at the same rate at which the credit was availed. The absence of records led to the authorities rejecting this claim. The tribunal emphasized that the reversal had to occur at Rs. 1,000/- per metric ton for inputs received prior to 1-4-94, regardless of when they were used in production.

Lack of Records:
The tribunal set aside the impugned order due to the absence of records and remitted the matter to the original adjudicating authority for verification. It was highlighted that the records of the appellant company would reflect the quantity of inputs received before 1-4-94, and the reversal should align with the rate at which credit was initially availed. The decision to remand the case was made to ensure a proper examination of the facts and a fair determination based on the available records.