2005 (9) TMI 494 - AT - Central Excise

Summary

Issues:
1. Dispute over Modvat credit entitlement for Capital Goods not utilized for final product manufacturing.
2. Imposition of penalty for irregular Modvat credit availing without adding amortization cost.

Analysis:
1. The judgment involves a dispute between the Revenue and the assessee regarding the entitlement to Modvat credit for Capital Goods that were not utilized for manufacturing final products. The Commissioner (Appeals) noted that the Capital Goods were not used for production, leading to a denial of Modvat credit. The Revenue sought to impose a penalty, disagreeing with the absence of penalties in the Commissioner's order. The assessee contested this decision, arguing that the Capital Goods were imported for a specific purpose, and the inability to use them should not negate their entitlement to Modvat credit. Citing precedent cases, the assessee emphasized that Modvat credit should not be denied for goods still present in the factory, even if not operational. The Tribunal found merit in the assessee's argument, stating that the Capital Goods were installed and could be utilized in the future, thus allowing the appeal and rejecting the Revenue's appeal. No penalty was imposed due to the proper availment of Modvat credit on the Capital Goods.

2. The second issue pertains to the imposition of a penalty on the assessee for irregularly availing Modvat credit without including the amortization cost. The Revenue contended that since the Modvat credit on Capital Goods was not permissible, a penalty should have been imposed. However, the Tribunal disagreed, upholding the assessee's position that the denial of Modvat credit was unwarranted as the Capital Goods were installed and usable. Therefore, the Tribunal rejected the Revenue's appeal for imposing a penalty, emphasizing that the assessee's Modvat credit availment was legitimate. The order was pronounced in favor of the assessee, allowing their appeal and dismissing the Revenue's appeal.