2005 (4) TMI 448 - AT - Central Excise

Summary

Issues:
Demand of duty and penalty on the appellants for irregular availment of Modvat credit on imported copper concentrate for the manufacture of copper anodes.

Analysis:
The judgment by the Appellate Tribunal CESTAT, CHENNAI dealt with a case involving a demand of Rs. 15,304/- on the appellants along with an equal penalty amount. The demand arose due to the irregular availment of Modvat credit on a certain quantity of copper concentrate, an imported input for the manufacture of copper anodes. The appellants had imported the copper concentrate and cleared it after paying customs duties, including CVD. Samples of the imported consignments were drawn for testing purity, and if found suitable for use in manufacturing copper anodes, the material would be utilized for that purpose. The Modvat/Cenvat credit of CVD paid on the samples drawn for testing was also availed by the party. However, the department sought to disallow this credit, contending that the samples were not used in or in relation to the manufacture of copper anodes. As the credits were utilized by the assessee, a demand was raised and confirmed against them.

The counsel for the appellants argued that testing of the raw material was crucial for manufacturing copper anodes, and therefore, the samples drawn for testing should be considered as used in relation to the manufacture. The counsel relied on a previous decision of the Tribunal in the case of Manali Petrochemicals Ltd. v. CCE. After hearing both parties and considering the submissions and case law cited, the judge was of the view that the appellants had a prima facie case. Consequently, there was a waiver of pre-deposit and a stay of recovery in respect of the duty and penalty amounts. The order was dictated and pronounced in open court, providing relief to the appellants in this matter.