2007 (12) TMI 355 - AT - Central Excise

Summary

Issues: Admissibility of proforma credit facility under central excise law.

Analysis:
1. The appellant did not appear despite notice. The Tribunal's remand order directed examination of proforma credit facility eligibility and intermediate goods use in the final product.
2. The Commissioner noted no dispute on proforma credit availability but stated no provision exists to extend the credit. The Commissioner cited the absence of provisions for proforma credit maintenance, Rule 56A, or Modvat scheme under current law.
3. The learned DR referred to Notification No. 23/94-CE(NT) omitting Rule 56A and related notifications. The DR cited the Supreme Court decision in Kolhapur Canesugar Works Ltd. v. Union of India (2000) supporting the rejection of proforma credit.
4. The Tribunal concurred with the Commissioner and dismissed the appeal based on the absence of legal provisions for proforma credit under the prevailing Cenvat scheme. The decision was dictated and pronounced in open court.