2005 (9) TMI 356 - AT - Central Excise

Summary

Issues:
Appeal arising from denial of Modvat credit based on alleged non-supply of inputs by a dealer.

Analysis:
The judgment by the Appellate Tribunal CESTAT, New Delhi, involved the appeals arising from the denial of Modvat credit due to the alleged non-supply of inputs by a dealer to the manufacturer. The manufacturer, M/s. Vardhman Chemicals, received inputs from the dealer, M/s. Jagriti Plastics Pvt. Ltd., and claimed credit for excise duties based on invoices issued by the dealer. However, subsequent investigation revealed that no actual inputs were supplied, leading to duty demands and penalties.

The appellant's counsel argued that the inputs were chemicals manufactured by reputable companies, emphasizing that payments were made by cheque, and there was no evidence to question the transactions. Additionally, a portion of the demand had already been deposited per a stay order by the Commissioner (Appeals).

The Revenue's representative highlighted that private records of the dealer indicated that goods were not supplied to the manufacturer, supporting the claim that Modvat credit was availed without actual movement of goods.

The Tribunal acknowledged the contentious nature of the case but noted that the manufacturer's need for the inputs and their use in manufacturing were not in doubt. The manufacturer had cleared the output goods after paying central excise duties. The discrepancies in the dealer's private records were not sufficient to negate the transaction. Consequently, the Tribunal ruled that further pre-deposits were unnecessary, and recovery of the remaining amount was stayed pending the appeal's disposal.

In conclusion, the Tribunal ordered the stay of further recovery until the appeals were heard, recognizing the complexities of the case and the need for a thorough examination before requiring additional payments from the appellant.