9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2004 (10) TMI 491 - AT - Central Excise
Issues: Rectification of apparent error in Final Order regarding extension of modvat credit and cum-duty price determination.
In this judgment by the Appellate Tribunal CESTAT, Chennai, the issue revolved around rectifying an apparent error in Final Order No. 552/2003 concerning the extension of modvat credit and the determination of cum-duty price. The department filed an application pointing out an error in the order related to the extension of modvat credit, which was not a subject matter of dispute in earlier proceedings. The department argued that the Tribunal had arrived at findings based on incorrect inferences, necessitating rectification. The Tribunal examined the submissions and found that the question of whether the benefit under Section 4(4)(d)(ii) was admissible to the subject goods had only arisen in the Revenue's appeal, not in the assessee's appeals. The Commissioner had already granted the benefit to the assessee, making it erroneous to hold that the issue was covered by a remand ordered in the assessee's appeals. Therefore, the Tribunal concluded that the error needed rectification in Final Order No. 552/2003. As a result, the Tribunal ordered the substitution of certain sentences in the Final Order. It directed the grant of the benefit of Modvat credit to the assessee and the redetermination of the penalty. The Tribunal confirmed the duty liability but emphasized that the question of granting the benefit under Section 4(4)(d)(ii) in the valuation of the subject goods had not arisen in the assessee's appeals. The Tribunal dismissed the Revenue's appeal concerning the cum-duty issue, citing the settled position in favor of the assessee based on relevant case law. Ultimately, Final Order No. 552/2003 was to be read as amended, and the application for rectification was allowed by the Tribunal. The judgment provided a detailed analysis of the issues surrounding the extension of modvat credit and the determination of cum-duty price, ensuring clarity and correctness in the legal interpretation and application of relevant provisions.
|
