2005 (12) TMI 486 - AT - Central Excise

Summary

Issues: Eligibility of Modvat credit on goods received back from customers claimed as damaged/defective.

In the judgment by the Appellate Tribunal CESTAT, Mumbai, the issue revolved around the eligibility of Modvat credit on goods received back from customers, alleged to be damaged or defective. The goods in question were printed aluminium foils with specific designs ordered by the customers. The appellants had availed Modvat credit equivalent to the duty paid when the goods were initially cleared. The tribunal noted that the appellants sorted the returned goods, returning those meeting standard specifications to customers after discharging duty, while defective goods were either scrapped as waste or used in manufacturing new ingots/foils. The tribunal found that the appellants had returned the goods cleared by them on payment of duty, constituting a return of inputs, with the remaining quantity utilized for further manufacture. Consequently, the tribunal concluded that there was no justification to uphold the reversal of credit or the imposed demands and penalties by the lower authorities, denying the appellants the benefit of the rules. As a result, the tribunal ordered a full waiver of the pre-deposit requirement under Section 35F of the Central Excise Act, 1944, and stayed the recovery pending the appeal. The judgment emphasized the importance of adhering to the rules and ensuring that due credit is granted where warranted, especially in cases involving returned goods and subsequent manufacturing processes.