2008 (9) TMI 696 - AT - Central Excise

Summary

Issues:
1. Liability to pay excise duty on goods replaced with sand bags after export clearance.
2. Demand of interest on delayed payment of excise duty.
3. Demand of interest on belated reversal of Modvat credit.

Analysis:

Issue 1:
The case involved a consignment of 'Ibuprofen USP' cleared for export but later replaced with sand bags due to theft rumors. The respondent paid central excise duty after failing to export the original consignment. The Commissioner (Appeals) vacated the demand for interest, citing judicial precedents where interest was not charged if duty was paid before a Show Cause Notice, even in cases of clandestine removal. The Tribunal found that the respondent was not liable to pay interest as the duty liability arose due to the pilferage of the consignment and its replacement with sand bags, which the department learned of only after being informed by the respondent.

Issue 2:
Regarding the demand of interest on the delayed payment of excise duty, the Commissioner (Appeals) waived the interest, stating that the goods had been cleared for export and the duty was not due from the respondent. The Revenue argued that the decisions relied upon pertained to a period before a specific statutory provision was introduced. However, the Tribunal held that the respondent was not liable to pay interest as the goods cleared for export had already been exported, and the principal duty was not due. Therefore, the demand for interest was deemed unsustainable.

Issue 3:
Regarding the demand of interest on the belated reversal of Modvat credit, the respondent maintained that the amount in question had not been utilized. Citing a previous case, the Tribunal held that if the credit was not utilized, no interest could be confirmed. The respondent was found not required to pay any interest as compensation to the government in this regard. The Tribunal dismissed the Revenue's appeal, upholding the decisions made in favor of the respondent.

In conclusion, the Tribunal dismissed the Revenue's appeal, ruling in favor of the respondent on all issues, including the liability to pay excise duty on replaced goods, the demand of interest on delayed duty payment, and the demand of interest on belated reversal of Modvat credit.