2006 (12) TMI 348 - AT - Central Excise

Summary

Issues involved: Dispute regarding availing Modvat credit and duty payment, correction of Modvat entries without permission.

The judgment pertains to an appeal filed by the Revenue against an order passed by the Commissioner (Appeals). The dispute originated from the availing of Modvat credit and its utilization for duty payment, which was contested by the Central Excise authorities. The Tribunal had ruled in favor of the respondents, allowing the use of Modvat credit. Subsequently, fresh proceedings were initiated alleging that the respondents corrected Modvat entries without proper authorization. The Assistant Commissioner disallowed the Modvat credit and imposed a penalty, which was challenged by the respondents and overturned by the Commissioner (Appeals), leading to the current appeal by the Revenue.

Upon review, it was established that the respondents had already paid duty once, either from the Modvat account or the PLA. Initially, duty was settled from the Modvat account, but upon objection, the payment was reversed, and duty was paid from PLA. The Tribunal's decision had favored the respondents in the original dispute. Therefore, the directive to debit the Modvat account again would result in double payment for the same clearances, contravening principles of equity and justice. The Commissioner (Appeals) rightfully set aside the Assistant Commissioner's order, as it was deemed unjust and not in accordance with legal principles.

Consequently, the appellate tribunal found no merit in the Revenue's appeal and rejected the same, upholding the decision in favor of the respondents.