2004 (10) TMI 446 - AT - Central Excise

Summary

Issues:
1. Availment of Modvat credit on imported raw material under different schemes.
2. Disallowance of Modvat credit and imposition of penalty.

Analysis:

Issue 1: Availment of Modvat credit on imported raw material under different schemes
The case involved the appellants engaged in manufacturing woollen and man-made silk fabrics, importing raw materials under the VBAL and OGL schemes. A show cause notice was issued regarding the availing of Modvat credit on invoices from job workers. The appellants contended that the raw material was imported under the OGL scheme, allowing for the availing of Modvat credit on duty paid inputs. The adjudicating authority initially dropped the demand, stating no contravention of Notification 203/92-Cus. However, the Commissioner (Appeals) reversed this decision, disallowing the credit and imposing penalties under Section 11AC of the Central Excise Act.

Issue 2: Disallowance of Modvat credit and imposition of penalty
Upon review, the appellate tribunal found that the Department failed to provide evidence that the raw material imported under OGL and credited was used in goods exported under the VBAL Scheme. The burden of proof was not discharged by the Revenue, and attempting to shift it onto the importers was deemed unjustified. Without establishing the use of modvated inputs in exported products, the appellants were not obligated to reverse the credit. Consequently, the tribunal held that the appellants were eligible for the credit taken and set aside the impugned order, allowing the appeal.

In conclusion, the appellate tribunal ruled in favor of the appellants, emphasizing the importance of demonstrating the link between imported raw materials and exported products to justify the disallowance of Modvat credit. The burden of proof lies with the Revenue, and without substantiated evidence, penalties cannot be imposed on the importers.