2005 (11) TMI 415 - AT - Central Excise

Summary

Issues:
1. Claim for refund of duty based on wire drawing process.
2. Eligibility for Modvat credit on inputs.
3. Dispute over cash refund of duty paid through debit in Modvat account.
4. Appeals against original authority's orders for cash refund and Cenvat credit.

Analysis:
1. The respondents filed a claim for refund of duty paid on wires drawn from wire rods, citing a Supreme Court judgment that wire drawing does not amount to manufacture. The original authority sanctioned a partial cash refund and allowed the rest as Cenvat credit. The appellant contested the cash refund of the remaining amount, arguing the product was not dutiable during the dispute period, making them ineligible for Modvat credit on inputs. The tribunal agreed, stating that no duty could be claimed through debit in Modvat account for non-dutiable products. Thus, the cash refund was disallowed, and the appeal was allowed.

2. Another appeal was filed against the original authority's decision to grant Cenvat credit to the assessee. This appeal was dismissed by the Commissioner (Appeals) in light of the previous order allowing cash refund. With the cash refund order set aside, the appeal against granting Cenvat credit was also allowed.

3. Following the cash refund sanction by the Assistant Commissioner, the department appealed this decision. The appellate authority dismissed the appeal, stating the issue had already been decided in favor of the assessee. However, with the cash refund order being overturned, the subsequent proceedings for cash refund were also set aside, leading to the allowance of this appeal.

4. In summary, the tribunal disallowed the cash refund claim for duty paid on non-dutiable products, leading to the allowance of appeals against original authority orders for both cash refund and Cenvat credit. The subsequent proceedings for cash refund were also set aside due to the reversal of the initial cash refund decision.