2005 (5) TMI 463 - AT - Central Excise

Summary

Issues: Duty demand confirmation based on Modvat credit disallowance, applicability of exemption notification, financial hardship claim, validity of Show Cause Notice (SCN)

1. Duty Demand Confirmation based on Modvat Credit Disallowance:
The judgment addresses the duty demand confirmation of Rs. 3,69,132/- against the appellants due to the disallowance of Modvat credit on inputs in stock as of a specific date. The counsel for the appellants relied on previous judgments but the judge found the contention to be misconceived. The judge explained that since the inputs were to be used in the manufacture of exempted goods after a certain date, no credit was available, even if it had been previously taken. The judge distinguished this case from previous judgments where the inputs had already been utilized in the final product. The judge emphasized that the appellants could not avoid their liability to pay excise duty by claiming financial hardship or the machinery being taken over by the bank.

2. Applicability of Exemption Notification:
The judgment discusses the applicability of an exemption notification dated 1-3-2000 to the case. It was noted that the appellants were engaged in manufacturing electric bulbs, which were exempt from duty up to a certain maximum retail price (MRP) as per the notification. The judge clarified that since the inputs in question were still in stock when the exemption notification was issued, the appellants were not entitled to credit on those inputs as they were meant for the manufacture of exempted goods. This issue was distinguished from previous judgments where the inputs had already been used in the final product.

3. Financial Hardship Claim:
The counsel for the appellants raised a contention regarding financial hardship and the machinery being taken over by the bank, stating that the appellants were unable to pay any money. However, the judge rejected this contention, emphasizing that it was the responsibility of the appellants to arrange for the payment of excise duty. The judge made it clear that pleading financial hardship did not absolve the appellants of their obligation to pay government dues.

4. Validity of Show Cause Notice (SCN):
The judgment also addressed the validity of the Show Cause Notice (SCN) issued under Section 11A of the Act. The counsel argued that the SCN was not applicable to the appellants' case and hence invalid. However, the judge found this contention to be misconceived, stating that the contravention of certain rules had been alleged in the SCN. The judge clarified that quoting a wrong provision of law did not automatically invalidate the notice. The judge dismissed the waiver of pre-deposit of duty amount and directed the appellants to make the pre-deposit within a specified timeframe, failing which the appeal would be dismissed under Section 35F of the Act.