2005 (2) TMI 555 - AT - Central Excise

Summary

Issues: Rectification of mistake in Tribunal's Final Order regarding duty demand and eligibility for Modvat credit.

In this case, the issue at hand was an application for the rectification of a mistake in the Tribunal's Final Order regarding the demand of duty against the Applicants and their eligibility for Modvat credit. The Applicants contended that the duty quantification was incorrect as it was confirmed on the retail sale price without considering the statutory abatement of 40% and also raised concerns about their eligibility for Modvat credit on duty paid for inputs and capital goods used in garment manufacturing.

Upon hearing both parties, the Tribunal found that the demand of duty against the Applicants had been upheld without considering their eligibility for Modvat credit under Notification No. 15/2002-C.E. The Tribunal ruled that the Applicants were indeed eligible to avail Modvat credit on duty paid for inputs and capital goods, provided they produce the necessary duty paying documents to the satisfaction of the Adjudicating Authority. Additionally, it was noted that the duty had been calculated at the retail sale price without allowing the mandated 40% abatement, as permitted by the government. The Tribunal emphasized that duty cannot be charged without granting the available abatement from the retail price.

As a result, the Tribunal allowed the application for rectification of mistake and directed the Adjudicating Authority to recalculate the duty amount payable by the Applicants after considering the abatement as per the applicable Notification. Furthermore, the Adjudicating Authority was instructed to permit Modvat credit upon the submission of duty paying documents within two months of receiving the Tribunal's order. This comprehensive analysis and ruling by the Tribunal clarified the duty calculation error and ensured that the Applicants could rightfully claim the Modvat credit they were entitled to under the law.