2004 (11) TMI 472 - AT - Central Excise

Summary

Issues Involved:
Denial of Modvat credit for not receiving inputs in the factory.

Analysis:
The appeals were filed against the adjudication order denying Modvat credit to the appellant for not receiving duty paid HR/CR Coils in their factories. The contention of the appellant was that they purchased duty paid coils which were sent to cutters for conversion into sheets used in manufacturing final products. The appellant argued that there was no allegation that the final products were not cleared with duty payment. The appellant disclosed the name of the cutter and paid labor charges. The Revenue contended that the appellants were availing credit for coils they did not receive in the factory but used sheets in manufacturing. The appellants, engaged in manufacturing motor vehicle parts, received HR/CR coils as inputs, sent them to cutters for conversion into sheets, and used the sheets in final product manufacturing. The Revenue alleged non-receipt of coils in the factory. In one case, the appellant named the cutter and provided payment proof. In another case, the adjudicating authority found no evidence of coils being used in final product manufacturing. The appellants produced evidence showing coils were sent to cutters, converted into sheets, and used in final product manufacturing. The Tribunal found the demand unsustainable, set it aside, and also nullified the consequential penalties, allowing the appeals.

Judgment:
The Tribunal, after considering the arguments and evidence presented, found in favor of the appellants. It was established that the coils for which credit was claimed were sent to cutters, converted into sheets, and used in the manufacturing of final products cleared with duty payment. As sufficient evidence was provided by the appellants to support their claim, the Tribunal set aside the demand and consequential penalties, thereby allowing the appeals.