2005 (6) TMI 415 - AT - Central Excise

Summary

Issues:
- Denial of Modvat credit for inputs used in manufacturing excisable and exempted goods
- Allegation of not maintaining separate records for inputs used in exempted goods
- Dispute regarding export of goods cleared without duty payment

Analysis:
The appellant filed an appeal against the order denying Modvat credit for inputs used in manufacturing both excisable and exempted goods, citing lack of separate records for exempted goods. The appellant claimed to maintain separate records for inputs used in exempted goods, specifically bicycle pedals, which were exported. However, the Revenue rejected this claim due to lack of proof of export. The Commissioner held that the appellant did not maintain a separate account for inputs used in exempted goods and failed to prove the export of cleared goods.

During a visit by Revenue officers, the appellant stated they maintained a private stock register for inputs used in exempted goods, not recorded in RG-23. The appellant contended that duty-free cleared goods were indeed exported. Evidence presented included shipping bills by the exporting entity, showing export under a specific scheme, with the appellant listed as supporting manufacturers. The quantity of goods cleared by the appellant matched the quantity exported. The Revenue did not dispute this evidence. Consequently, the Tribunal found the appellant had provided sufficient proof of export and separate record maintenance for exempted goods, leading to the setting aside of the impugned order and allowing the appeal.

In conclusion, the Tribunal ruled in favor of the appellant, emphasizing the presented evidence supporting the export of goods cleared without duty payment and the maintenance of separate records for inputs used in manufacturing exempted goods. The Tribunal deemed the appellant's evidence satisfactory, overturning the Revenue's decision and allowing the appeal.