2005 (9) TMI 544 - AT - Central Excise

Summary

Issues:
- Denial of Modvat credit on the grounds of duty payment prior to 31-1-86
- Applicability of Rule 57H(2)
- Time limit for issuance of Show Cause Notice
- Principles of natural justice regarding issuance of notice for credit denial

Analysis:

Denial of Modvat credit on the grounds of duty payment prior to 31-1-86:
The appellant, a manufacturer of Pipe fittings under heading No. 73.07 of the CETA Schedule, availed Modvat credit of Rs. 6,63,856.11 for the period 1-3-86 to 30-9-86. The department sought to deny this credit based on the argument that duty on inputs was paid before 31-1-86, invoking Rule 57H(2). The Assistant Collector initially dropped the proceedings, but the Commissioner reviewed the case and an Appeal was filed before CCE (A).

Applicability of Rule 57H(2):
The ld. Commissioner (Appeals) allowed the appeal, citing reasons such as the inapplicability of credit if duty was paid on inputs prior to 31-1-86 under Rule 57H(2). However, the Tribunal found that the provisions of Rule 57H cannot be applied to credit other than on inputs received and lying in stock on the day of opting into the Modvat scheme. The benefit of proforma credit under notification No. 201/79-C.E. was admissible, making the barring provisions of Rule 57H(2) irrelevant in this case.

Time limit for issuance of Show Cause Notice:
The Show Cause Notice issued on 6-10-88 proposed to deny credit for the period March 86 to September 86. The Tribunal noted that as per Rule 57I, a notice to show cause should have been issued within 6 months from the date of taking credit. The Commissioner's view that no notice was required once demand was made on RT-12 returns, which had become final and unchallenged, was deemed incorrect. Issuing a notice for credit recovery is essential to adhere to principles of natural justice.

Principles of natural justice regarding issuance of notice for credit denial:
The Tribunal emphasized the importance of issuing a notice and providing reasons for denying credits to uphold principles of natural justice. Failure to issue a notice would violate these principles. The Tribunal referred to relevant case laws to support the necessity of issuing a notice before denying credit. Consequently, the Tribunal set aside the Commissioner (Appeals) order and allowed the appeal, highlighting the importance of following due process.

This comprehensive analysis of the judgment addresses the issues involved in the case, providing a detailed overview of the Tribunal's findings and reasoning.