2003 (12) TMI 495 - AT - Central Excise

Summary

Issues: Appeal against order of Commissioner (Appeals) for failure to deposit duty; Duty demanded on Modvat credit and yarn; Applicability of Rule 57C and Rule 49(A); Pending application for remission of duty.

Analysis:
1. Issue of Modvat credit and destroyed fabrics:
The appeal challenged the Commissioner (Appeals) order dismissing the appeal due to the failure to deposit a significant portion of the demanded duty. The duty was demanded on two counts, primarily focusing on Modvat credit claimed for inputs used in manufacturing fabrics destroyed in a fire. The duty demanded amounted to Rs. 42.87 lakhs, with Rs. 40.88 lakhs attributed to this specific scenario. The Deputy Commissioner's confusion regarding the applicability of Rule 57C, as discussed in the case law of Inalsa Ltd. v. CCE, raised questions about the remission of duty on finished products and the reversal of credit. The Tribunal noted that since no remission had been granted, the duty should have been waived based on previous decisions favoring the appellant.

2. Issue of duty on burnt yarn and Rule 49(A):
The remaining amount of Rs. 1.98 lakhs represented duty payable on yarn used in manufacturing grey fabrics, which were also destroyed in the fire. The appellant was manufacturing cotton yarn, subject to duty, and using it in fabric production. The appellant relied on Rule 49(A) to defer duty payment on yarn until the clearance of the fabrics. The appellant's Counsel argued that the application for remission of duty was pending before the Commissioner, making the adjudication and appellate orders premature. The Tribunal acknowledged the validity of this argument, indicating that deciding on duty payment while the remission application was pending would be inappropriate.

3. Decision and Remand:
In light of the circumstances, the Tribunal allowed the appeal, overturning the impugned order, and remanded the matter back to the Commissioner (Appeals). The Commissioner was directed to reevaluate the appeal without requiring any deposit, considering the unresolved issues surrounding the duty demanded on Modvat credit and yarn, as well as the pending application for remission of duty. The decision aimed to ensure a fair and comprehensive review of the case without prejudicing the appellant's rights during the ongoing remission process.