2001 (9) TMI 1071 - AT - Central Excise

Summary

The Appellate Tribunal CEGAT, Mumbai ruled in favor of the applicant, waiving the deposit of duty and penalty imposed for including an amount under "Modvat reversal under Rule 57CC" in their invoice. The Tribunal accepted that this amount was not in the nature of duty as per Rule 57CC and was not represented as duty to buyers. The Tribunal clarified that the amount reversed under Rule 57CC is not considered as payment of excise duty and cannot be taken as credit for exempted goods. The Tribunal highlighted that the amount was not identifiable as duty under the Central Excise Tariff Act and did not relate to any specific duty rates.