2003 (12) TMI 502 - AT - Central Excise

Summary

Issues:
1. Denial of credit on input weighing 90.165 MTS of Iron and Steel products.
2. Imposition of penalties on the grounds of non-supply of duty paid goods by the manufacturer.
3. Confirmation of penalty and redemption fine under Rule 173Q(2) of the Central Excise Rules, 1944.
4. Confiscation under Rule 173Q(2) and orders on interest.

Analysis:

1. The appellant-company availed credit of Rs. 84,801.00 on input weighing 90.165 MTS of Iron and Steel products under Rule 57A based on documents issued by a manufacturer. However, a notice was issued to deny the credits and impose penalties as the manufacturer had only issued duty paying documents without supplying any duty paid goods to the appellants.

2. The case for denial of credit was primarily based on several grounds. Firstly, it was argued that the supplier had not manufactured the goods and did not have the necessary raw materials for the production of hot-rolled Iron and Steel products. Additionally, it was highlighted that the supplier's factory did not have the required facilities or electric load to manufacture hot-rolled products. Statements from relevant persons and evidence regarding the transportation of goods raised doubts about the actual receipt of the goods by the appellant.

3. After considering the evidence and material on record, it was found that there was sufficient proof indicating that the goods mentioned in the documents were not received by the appellant. Consequently, the credit availed by the appellant was denied. The penalty imposed on the appellant for availing ineligible credit was confirmed at Rs. 84,801.

4. Regarding the confiscation under Rule 173Q(2), it was determined that since no inputs were received, the confiscation was not warranted as the case did not involve a duty amount of Rs. 1,00,000 or fall under the specified rule. Therefore, the confiscation and associated fine were set aside. The orders on interest were also not upheld due to the retrospective inclusion of the interest clause for the relevant period.

5. Ultimately, the appeal was allowed only in part, specifically concerning the redemption fine and interest. The credit of Rs. 84,801 and the penalty of the same amount were confirmed. The appeal was directed to be disposed of accordingly, with the orders being partially allowed and partially dismissed, leading to the final dismissal of the appeal.

6. In conclusion, the judgment upheld the denial of credit, confirmed the penalty, set aside the confiscation and fine, and dismissed the appeal while allowing certain aspects related to the redemption fine and interest.