2007 (3) TMI 486 - AT - Central Excise

Summary

Issues:
The issues involved in this case are related to the availing of Modvat credit of duty by the appellant, the subsequent reduction in the value of inputs, raising of debit notes against the input manufacturer, and the reversal of excess credit availed by the appellant.

Availing of Modvat Credit:
The appellant had been availing the benefit of Modvat credit of duty based on Central Excise invoices issued by the input manufacturer/supplier showing the duty paid. The dispute arose when the value of inputs was reduced, and the appellant raised debit notes against the input manufacturer for the excess amount, which the Revenue claimed included duty amount. The authorities held that the excess credit should be reversed by the appellant.

Proceedings and Orders:
Proceedings were initiated against the appellant, but were dropped by the Asstt. Commissioner as the input manufacturer had not sought any refund of the duty paid. However, the Commissioner (Appeals) reversed this decision, confirming the demand and imposing a penalty. A similar situation occurred in the case of another appellant, where the demand was confirmed and penalty imposed, which was upheld by the Commissioner (Appeals).

Legal Interpretation and Decision:
The Tribunal found that the appellant had taken credit of the duty paid by the input manufacturer, who had not sought a refund. The Tribunal emphasized that an assessee is entitled to take the benefit of Modvat credit of duty "paid" and not "payable." The purpose of Modvat is to reduce the cascading effect of duty. The Tribunal cited a decision of the Hon'ble Madras High Court to support its interpretation. Consequently, the Tribunal set aside the impugned order of the Commissioner (Appeals) and allowed the appeal by restoring the original adjudicating authority's order.

This judgment clarifies the principles governing the availing of Modvat credit and the treatment of subsequent adjustments between input manufacturer and receiver, emphasizing the importance of duty actually paid and the revenue-neutral nature of such transactions.