2004 (3) TMI 603 - AT - Central Excise

Summary

Issues:
Validity of duty demand and disallowance of Modvat credit.

Analysis:
The appeal questioned the validity of the order confirming the duty demand and disallowing Modvat credit. The Counsel argued that Modvat credit was wrongly disallowed on the powder used as inputs during job work. The Counsel cited legal precedents to support their argument. The Tribunal observed that the appellants used powder from their own stock during job work on inputs received from the parent manufacturer. The Tribunal held that the Modvat claim on the powder was rightly denied as it was not received from the parent manufacturer. The appellants were considered manufacturers for duty purposes due to clearing goods without paying duty. The Tribunal rejected the argument that the parent manufacturer was liable to pay duty, stating the appellants were independent manufacturers. Legal precedents cited by the Counsel were deemed inapplicable to the case.

Regarding duty confirmation, the Tribunal noted a shortage of finished goods during physical verification. The appellants' authorized signatory acknowledged the shortage and paid duty on the spot. The Tribunal found the Department did not need to prove clandestine removal as the appellants admitted liability. The appellants failed to explain the goods' shortage, leading to the acceptance of duty liability. Consequently, the Tribunal upheld the impugned order, dismissing the appeal.