2007 (2) TMI 551 - AT - Central Excise

Summary

Issues:
- Appeal against confirmation of duty and penalty by Commissioner of Central Excise, Ahmedabad.
- Allowance of deemed credit in respect of clearances by the respondents.
- Entitlement of the assessee to avail deemed credit for clearances where ad valorem duty was paid subsequently.

Analysis:
The appeal before the Appellate Tribunal CESTAT, Ahmedabad was filed by the Revenue challenging the order of the Commissioner of Central Excise, Ahmedabad. The Commissioner had confirmed a duty amount of Rs. 31,20,936/- against the respondents and imposed a personal penalty of Rs. 1 lakh. Additionally, deemed credit was allowed in respect of clearances for which duty was confirmed, leading to the Revenue's grievance and subsequent appeal.

The case involved M/s. Ashima Dyecot Ltd., engaged in processing Cotton Fabrics and Man Made Fabrics falling under Chapters 52 and 55 of the Central Excise Tariff Act, 1985. Following the withdrawal of the Compounded Levy Scheme in 2001, the assessee switched to discharging Central Excise duty on an ad valorem basis. An issue arose when it was discovered that the assessee had cleared processed textile fabrics liable for ad valorem duty without payment, assuming them to be under the compounded levy scheme. Subsequently, the assessee voluntarily paid the Central Excise duty amounting to Rs. 23,40,706/- along with interest, acknowledging the error in clearance.

The central question in the appeal was whether the assessee could avail deemed credit for clearances where ad valorem duty was paid subsequently, not at the time of clearance. The Tribunal noted that the respondents were entitled to deemed credit, as they voluntarily paid the duty upon realizing the error. Referring to a previous case, the Tribunal emphasized that there was no legal bar for availing deemed credit at a later stage than the clearance of processed fabrics. Consequently, the Tribunal rejected the Revenue's appeal, affirming the allowance of deemed credit to the appellants.

In conclusion, the Tribunal's decision upheld the entitlement of the assessee to avail deemed credit for clearances where ad valorem duty was paid subsequently, dismissing the Revenue's appeal against the confirmation of duty and penalty by the Commissioner of Central Excise, Ahmedabad.